BOWERS & CAMANO

Case

[2018] FCCA 4042

27 September 2018


Details
AGLC Case Decision Date
BOWERS & CAMANO [2018] FCCA 4042 [2018] FCCA 4042 27 September 2018

CaseChat Overview and Summary

In the matter of *Bowers & Camano*, Judge Harman of the Federal Circuit Court of Australia made orders concerning interim property adjustments between the parties. The dispute involved the division of assets pending final determination of their property settlement.

The court was required to determine how an interim property adjustment of $40,000 should be facilitated between the parties. This involved considering the possibility of redrawing funds from a joint mortgage and, in the alternative, requiring one party to make a direct payment or sell an asset to satisfy the adjustment.

The court ordered that the parties jointly apply to their bank to redraw $40,000 from their mortgage account, with $20,000 to be paid to each party. If this was not possible, the Wife was ordered to pay $20,000 to the Husband by a specified date. Should the Wife fail to make this payment, she was to list one of her motor vehicles for sale and pay the net proceeds, up to $20,000, to the Husband. The court also ordered that interim applications be removed from the list of cases awaiting hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

ELEI & DODT [2018] FamCAFC 92