Camoes and Blizzard (No 2)

Case

[2016] FamCA 1121

23 November 2016


Details
AGLC Case Decision Date
Camoes and Blizzard (No 2) [2016] FamCA 1121 [2016] FamCA 1121 23 November 2016

CaseChat Overview and Summary

In *Camoes and Blizzard (No 2)*, Thornton J of the Family Court of Australia considered an application by the father concerning financial matters arising from the dissolution of the parties' marriage. The dispute centred on the payment of a sum of $10,000, which had been previously ordered by consent.

The primary legal issue before the court was whether to vary the existing consent orders to facilitate the payment of $10,000 to the father. This involved determining the appropriate source and timing of this payment, given the context of the sale of a property.

Thornton J reasoned that the existing consent orders needed to be varied to ensure the timely payment of the $10,000 to the father. The court ordered that this sum be paid into the father's solicitor's trust account from either the deposit or settlement monies from the sale of a property located at D Street, Suburb E, whichever became available first. The parties were directed to take all necessary steps to expedite the release of these funds.

The court dismissed paragraph 2 of the father's application filed on 11 November 2016. The remaining orders were made to vary the consent orders of 8 September 2016, directing the payment of $10,000 to the applicant father from the sale proceeds of the D Street property and requiring the parties to facilitate this payment.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Res Judicata

  • Appeal

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