Colville and Colville
Case
•
[2019] FamCA 796
•31 October 2019
Details
AGLC
Case
Decision Date
Colville and Colville [2019] FamCA 796
[2019] FamCA 796
31 October 2019
CaseChat Overview and Summary
In *Colville and Colville*, Foster J of the Federal Circuit Court of Australia was required to determine the precise sum payable by the husband to the wife under existing property settlement orders made on 1 March 2017. The dispute centred on the calculation of this sum, leading to the husband's obligation to pay a specific amount to the wife.
The primary legal issue before the court was to ascertain the exact monetary amount due to the wife pursuant to the prior orders. This involved interpreting and applying the terms of those orders to the factual circumstances presented, in order to quantify the financial obligation of the husband.
Foster J declared that the sum payable to the wife by the husband was $66,704.11. The court ordered that this amount be paid within 14 days. Furthermore, the wife was awarded her costs of the application, to be agreed upon within one month or assessed on a party/party basis, with payment due within one month of agreement or assessment.
The primary legal issue before the court was to ascertain the exact monetary amount due to the wife pursuant to the prior orders. This involved interpreting and applying the terms of those orders to the factual circumstances presented, in order to quantify the financial obligation of the husband.
Foster J declared that the sum payable to the wife by the husband was $66,704.11. The court ordered that this amount be paid within 14 days. Furthermore, the wife was awarded her costs of the application, to be agreed upon within one month or assessed on a party/party basis, with payment due within one month of agreement or assessment.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Appeal
Actions
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Citations
Colville and Colville [2019] FamCA 796
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
2
Penfold v Penfold
[1980] HCA 4
Penfold v Penfold
[1980] HCA 4
Hawkins & Roe
[2012] FamCAFC 77