Caddell and Pacelli
Case
•
[2013] FCCA 704
•4 July 2013
Details
AGLC
Case
Decision Date
CADDELL & PACELLI
[2013] FCCA 704
[2013] FCCA 704
4 July 2013
CaseChat Overview and Summary
In the matter of *Caddell and Pacelli*, heard by Judge F. Turner, the dispute concerned the division of property between the parties following their separation. The orders made by the court indicate a final determination of their respective entitlements to various assets, including real estate, financial accounts, vehicles, and personal belongings.
The court was required to determine how the parties' joint and individual assets and liabilities should be divided and allocated between them. This involved considering the existing ownership and responsibility for debts, and making orders for the transfer of property and the discharge of financial obligations.
The court ordered that the wife would refinance the mortgage over Property N into her sole name and retain the property. She was also to refinance joint Bendigo Bank loans and discharge a joint credit card debt. The husband was to retain all property in his possession, including a motor vehicle, while the wife was to retain all property in her possession. Each party was to retain exclusive rights to their superannuation and other employment entitlements. The court further ordered that the wife pay the husband $50,000 within 60 days and declared that the husband had no legal or beneficial interest in Property N.
The court was required to determine how the parties' joint and individual assets and liabilities should be divided and allocated between them. This involved considering the existing ownership and responsibility for debts, and making orders for the transfer of property and the discharge of financial obligations.
The court ordered that the wife would refinance the mortgage over Property N into her sole name and retain the property. She was also to refinance joint Bendigo Bank loans and discharge a joint credit card debt. The husband was to retain all property in his possession, including a motor vehicle, while the wife was to retain all property in her possession. Each party was to retain exclusive rights to their superannuation and other employment entitlements. The court further ordered that the wife pay the husband $50,000 within 60 days and declared that the husband had no legal or beneficial interest in Property N.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Equity & Trusts
Legal Concepts
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Remedies
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Injunction
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Costs
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Jurisdiction
Actions
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Citations
CADDELL & PACELLI
[2013] FCCA 704
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Dobbins and Gibbs
[2011] FMCAfam 35
Shimizu & Tanner
[2011] FamCA 271
Scott and Bellow
[2012] FMCAfam 338