BURLEY & GOODING

Case

[2019] FCCA 151

29 January 2019


Details
AGLC Case Decision Date
BURLEY & GOODING [2019] FCCA 151 [2019] FCCA 151 29 January 2019

CaseChat Overview and Summary

This matter concerned parenting arrangements and property division between the Husband and Wife, with the Honourable Judge Stewart presiding. The dispute involved determining the living arrangements for the parties' two children, Y and X, and how their combined assets and financial resources should be divided.

The court was required to determine the most appropriate parenting orders for the children, specifically addressing issues of equal shared parental responsibility and the children's living arrangements, including specific time arrangements for each parent. Additionally, the court needed to make final orders regarding the division of the parties' property, considering their respective contributions and the factors outlined in section 75(2) of the *Family Law Act 1975*.

In relation to parenting, the court ordered that the Husband and Wife have equal shared parental responsibility and that the children live with each parent on a week-about basis during school terms. Specific provisions were made for holiday periods, birthdays, and communication, including telephone and electronic contact. The court also made orders regarding the children's schooling and the exchange of information between the parties concerning the children's welfare and education. For property division, the court made orders for the parties to retain specific properties, with the Wife to retain the remaining proceeds of sale from another property. A payment was ordered from the Husband to the Wife, and a ride-on lawnmower was to be returned. Furthermore, the court made orders concerning the division of superannuation interests, with a specific amount to be allocated to the Husband from the Wife's fund, and detailed provisions for the Trustee of the fund to implement these orders. The court also noted that upon the commencement of Grade 1 for one of the children, the parties should aim to divide the long summer holidays equally, and that the Superannuation Fund Trustee had no objection to the superannuation splitting order.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

3

Omacini & Omacini [2005] FamCA 195
Kouper & Kouper (No 3) [2009] FamCA 1080
Grier & Malphas [2016] FamCAFC 84