Chadwick and Chadwick and Anor (No. 2)
Case
•
[2016] FamCA 947
•9 November 2016
Details
AGLC
Case
Decision Date
Chadwick and Chadwick and Anor (No. 2) [2016] FamCA 947
[2016] FamCA 947
9 November 2016
CaseChat Overview and Summary
In *Chadwick and Chadwick and Anor (No. 2)*, Gill J considered applications concerning spousal maintenance and property settlement between the Applicant Wife and the Respondent Husband, as well as applications by the Respondent Husband and the Second Respondent. The dispute involved the variation of existing spousal maintenance orders and a partial property settlement, alongside applications for summary dismissal and the dismissal of further claims.
The court was required to determine the appropriate quantum of spousal maintenance to be paid by the Respondent Husband to the Applicant Wife, and the terms of a partial property settlement. Additionally, the court had to consider the Respondent Husband's application for specific orders and the Second Respondent's application for summary dismissal of the Applicant's claim.
Gill J varied the existing spousal maintenance order to increase the weekly payment to $2,100. The court also ordered the Respondent Husband to pay $200,000 by way of partial property settlement within 35 days, authorising him to sell certain assets held by J Pty Ltd, as Corporate Trustee of the Chadwick Family Discretionary Trust No 5, to facilitate this payment. The Respondent Husband's application for further orders and the Second Respondent's application for summary dismissal were dismissed. The Applicant's further amended application was also dismissed, save for costs. Costs for each party were reserved to the trial.
The court was required to determine the appropriate quantum of spousal maintenance to be paid by the Respondent Husband to the Applicant Wife, and the terms of a partial property settlement. Additionally, the court had to consider the Respondent Husband's application for specific orders and the Second Respondent's application for summary dismissal of the Applicant's claim.
Gill J varied the existing spousal maintenance order to increase the weekly payment to $2,100. The court also ordered the Respondent Husband to pay $200,000 by way of partial property settlement within 35 days, authorising him to sell certain assets held by J Pty Ltd, as Corporate Trustee of the Chadwick Family Discretionary Trust No 5, to facilitate this payment. The Respondent Husband's application for further orders and the Second Respondent's application for summary dismissal were dismissed. The Applicant's further amended application was also dismissed, save for costs. Costs for each party were reserved to the trial.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Summary Judgment
-
Appeal
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
0
Greer & Mackintosh
[2013] FamCAFC 16
Findley v MSS Security Pty Ltd
[2017] FCCA 466
Di Paolo v The Queen
[1984] HCA 19