CASBOULT & CLOSE

Case

[2015] FCCA 1877

9 July 2015


Details
AGLC Case Decision Date
Casboult and Close [2015] FCCA 1877 [2015] FCCA 1877 9 July 2015

CaseChat Overview and Summary

The case of *Casbault & Close* concerned parenting and property settlement disputes between a husband and wife. The primary dispute revolved around the arrangements for the parties' two children, X and Y, and the division of their matrimonial property. The matter was heard by Judge Brown.

The court was required to determine the appropriate orders regarding parental responsibility, living arrangements for the children, and the extent of the children's time and communication with their father. Additionally, the court had to make orders for the division of the parties' real property and other assets, including furniture, furnishings, superannuation entitlements, and personal effects, to achieve a full and final settlement of all property claims.

Judge Brown made orders granting the wife sole parental responsibility for the children, with the children to live with her. The father was to spend time with and communicate with the children at times to be agreed, subject to the children's wishes. Specific provisions were made for the father to be informed of serious accidents or medical emergencies concerning the children, and for him to send gifts and cards. The wife was directed to provide the father with school reports and photographs. The court also ordered the discharge of the independent children's lawyer. In relation to property, the proceeds of sale of the parties' real properties were to be divided 53% to the husband and 47% to the wife, after an adjustment of $9,976.00 from the husband's share to the wife's. Each party was to retain their respective furniture, furnishings, personal effects, and superannuation entitlements. All other applications were dismissed.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Fiduciary Duty

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

4

Casboult and Close [2013] FMCAfam 130
Casboult and Close (No.4) [2013] FCCA 943
Norbis v Norbis [1986] HCA 17