CANION & CANION
Case
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[2019] FCCA 2148
•13 November 2019
Details
AGLC
Case
Decision Date
CANION & CANION [2019] FCCA 2148
[2019] FCCA 2148
13 November 2019
CaseChat Overview and Summary
In the matter of CANION & CANION, Judge McGuire considered a dispute between a wife and husband concerning property settlement, child support, and the issue of children's passports. The wife sought a property settlement, a departure from a child support assessment, and orders relating to the children's passports.
The court was required to determine the appropriate division of the parties' property, including the husband's superannuation entitlements, and to decide whether to grant the wife's application for a departure from the child support assessment. Additionally, the court needed to make orders regarding the passports for the three children of the marriage.
In relation to property settlement, the court ordered a net division of 57.5% to the wife and 42.5% to the husband, with specific directions for the husband to elect regarding his superannuation entitlements and for the parties' solicitors to prepare detailed orders reflecting this distribution, including capital gains tax obligations. The wife's application for a departure from the child support assessment was dismissed. Finally, the court directed the parties to bring in consent orders concerning the children's passports within 28 days.
The court was required to determine the appropriate division of the parties' property, including the husband's superannuation entitlements, and to decide whether to grant the wife's application for a departure from the child support assessment. Additionally, the court needed to make orders regarding the passports for the three children of the marriage.
In relation to property settlement, the court ordered a net division of 57.5% to the wife and 42.5% to the husband, with specific directions for the husband to elect regarding his superannuation entitlements and for the parties' solicitors to prepare detailed orders reflecting this distribution, including capital gains tax obligations. The wife's application for a departure from the child support assessment was dismissed. Finally, the court directed the parties to bring in consent orders concerning the children's passports within 28 days.
Details
Key Legal Topics
Areas of Law
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Family Law
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Tax Law
Legal Concepts
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Appeal
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Costs
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Damages
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Remedies
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Statutory Construction
Actions
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Citations
CANION & CANION [2019] FCCA 2148
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
Singer v Berghouse
[1994] HCA 40
PT Bayan Resources TBK v BCBC Singapore Pte Ltd
[2015] HCA 36
Trevi & Trevi
[2018] FamCAFC 173