BURCH & GOLDING
Case
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[2015] FCCA 2864
•20 November 2015
Details
AGLC
Case
Decision Date
BURCH & GOLDING [2015] FCCA 2864
[2015] FCCA 2864
20 November 2015
CaseChat Overview and Summary
In the matter of BURCH & GOLDING, Judge McGuire considered orders relating to children and property. The dispute concerned the parenting arrangements for three children and the division of the parties' property.
The court was required to determine the terms of the parenting orders, specifically the nature of parental responsibility and the living arrangements for the children. Additionally, the court had to make orders for the division of the parties' property, including the payment of a lump sum, the transfer of a property, and the allocation of other assets and liabilities.
The court ordered that the parents have equal shared parental responsibility for the children, who are to live on a week-about basis between the parents. In relation to property, the applicant was ordered to pay the respondent a lump sum of $33,073.00 within 42 days, and contemporaneously with this payment, the respondent was to transfer his interest in a property located in Victoria to the applicant. The applicant was also required to make reasonable efforts to secure a release from any mortgage liability on that property and to indemnify the respondent in respect of any such liability. Each party was to retain sole entitlement to other personalty, chattels, motor vehicles, bank accounts, and superannuation entitlements in their control, and each party was to be solely responsible for and indemnify the other in respect of liabilities incurred since separation and liabilities attaching to assets retained by them. The court also noted that the orders were intended to finally determine the financial relationship between the parties and avoid further proceedings.
The court was required to determine the terms of the parenting orders, specifically the nature of parental responsibility and the living arrangements for the children. Additionally, the court had to make orders for the division of the parties' property, including the payment of a lump sum, the transfer of a property, and the allocation of other assets and liabilities.
The court ordered that the parents have equal shared parental responsibility for the children, who are to live on a week-about basis between the parents. In relation to property, the applicant was ordered to pay the respondent a lump sum of $33,073.00 within 42 days, and contemporaneously with this payment, the respondent was to transfer his interest in a property located in Victoria to the applicant. The applicant was also required to make reasonable efforts to secure a release from any mortgage liability on that property and to indemnify the respondent in respect of any such liability. Each party was to retain sole entitlement to other personalty, chattels, motor vehicles, bank accounts, and superannuation entitlements in their control, and each party was to be solely responsible for and indemnify the other in respect of liabilities incurred since separation and liabilities attaching to assets retained by them. The court also noted that the orders were intended to finally determine the financial relationship between the parties and avoid further proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Injunction
Actions
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Citations
BURCH & GOLDING [2015] FCCA 2864
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Stanford v Stanford
[2012] HCA 52
Hickey & Hickey
[2003] FamCA 395