CHRISTOS & CHRISTOS (NO 2)

Case

[2014] FamCA 1154

18 December 2014


Details
AGLC Case Decision Date
CHRISTOS & CHRISTOS (NO 2) [2014] FamCA 1154 [2014] FamCA 1154 18 December 2014

CaseChat Overview and Summary

The parties in this matter were the husband and wife, and the proceedings concerned orders made by Rees J in the Family Court of Australia. The dispute revolved around the division of property and the payment of costs following the breakdown of the marriage.

The court was required to determine the final orders regarding the handover of keys to the former matrimonial home and the precise financial adjustments to be made between the parties. This included calculating the net amount payable by the husband to the wife, taking into account various deductions and payments related to professional fees, moving costs, and legal expenses. The court also had to address the husband's costs in relation to enforcement proceedings.

Rees J made orders by consent. The wife was ordered to return all keys to the former matrimonial home and associated garage door remotes to the husband's legal representatives by a specified date. The court then detailed a complex calculation for the amount payable by the husband to the wife, which involved deducting specific sums from an initial amount of $769,082. These deductions included 50% of various professional fees, a payment to a real estate agent, an advance for moving costs, an amount to be held pending a determination of costs for Mr U, and payments to Legal Aid NSW and LAC Lawyers Pty Limited on behalf of the wife.

Finally, the wife was ordered to pay the husband's costs of $7,000 in relation to enforcement proceedings, with this sum to be deducted from the amount otherwise payable to the wife.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Consent

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