CANNON & HEATH

Case

[2016] FCCA 2346

9 September 2016


Details
AGLC Case Decision Date
CANNON & HEATH [2016] FCCA 2346 [2016] FCCA 2346 9 September 2016

CaseChat Overview and Summary

In the matter of Cannon & Heath, Judge Lapthorn considered parenting and property disputes between the parties concerning their two young children. The parenting dispute involved an application for relocation which was refused. The property pool was described as modest, and the court considered the factors under section 75(2)(o) of the *Family Law Act 1975* (Cth).

The court was required to determine the parenting arrangements for the children, including the extent of equal shared parental responsibility, where the children would live, and the time each parent would spend with them, with specific provisions for school holidays and birthdays. Additionally, the court had to make orders regarding the division of the parties' modest property pool, including the distribution of funds, the indemnification of certain business debts, and the splitting of superannuation interests.

In relation to parenting, the court ordered equal shared parental responsibility and that the children live with the mother, with detailed provisions for the father's time, including alternating weekends and school holidays, with specific arrangements for when one child was attending school and the other was not. The court also made orders regarding birthdays, Mother's Day, Father's Day, and telephone contact, as well as orders restraining denigration and ensuring information sharing. For property, the court ordered a payment of $15,000 to the mother from a solicitor's trust account, with the father to indemnify the mother for specific business debts and retain funds from a business bank account. The court also made detailed orders for the splitting of the father's superannuation interest, specifying the percentage to be transferred to the mother and the operative time for such an order, with provisions for compliance and potential variations. The respondent's application for costs was dismissed.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Costs

  • Remedies

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Most Recent Citation
Markham and Craven [2017] FCCA 19

Cases Citing This Decision

1

Markham and Craven [2017] FCCA 19
Cases Cited

8

Statutory Material Cited

2

Godfrey & Sanders [2007] FamCA 102
MRR v GR [2010] HCA 4