Condie and Quirke
Case
•
[2014] FamCA 567
•25 July 2014
Details
AGLC
Case
Decision Date
Condie and Quirke [2014] FamCA 567
[2014] FamCA 567
25 July 2014
CaseChat Overview and Summary
In *Condie and Quirke*, heard by Justice Dawe, the dispute concerned the property settlement and alteration of interests between Mr Condie (the applicant de facto husband) and Ms Quirke (the respondent de facto wife). The court was required to determine whether a de facto relationship existed between the parties and, if so, to make orders for the division of their property.
The court was asked to determine the existence of a de facto relationship between Mr Condie and Ms Quirke and to make orders for property settlement and alteration of interests in property. This involved assessing the nature and extent of their relationship and the assets and liabilities accumulated during that period.
Justice Dawe declared that a de facto relationship existed between Mr Condie and Ms Quirke from November 2008 to December 2010, pursuant to Section 91RD(1) of the relevant legislation. In full and final settlement, Mr Condie was ordered to pay Ms Quirke $263,000 within 60 days, and to transfer 395 Westpac shares and a motor vehicle to her. Upon these payments and transfers, Ms Quirke was to transfer her interest in the property at C Street, Suburb D, to Mr Condie, who was to discharge the associated mortgage. Mr Condie was to retain his specified savings, investments, vehicles, furniture, superannuation, and interests in various companies and trusts, while Ms Quirke was to retain her specified savings, investments, furniture, superannuation, and property at I Street, Suburb J. Ms Quirke was also to remove a caveat from property at F Street, Suburb H, upon Mr Condie's compliance with the payment and transfer orders. The question of costs was reserved.
The court was asked to determine the existence of a de facto relationship between Mr Condie and Ms Quirke and to make orders for property settlement and alteration of interests in property. This involved assessing the nature and extent of their relationship and the assets and liabilities accumulated during that period.
Justice Dawe declared that a de facto relationship existed between Mr Condie and Ms Quirke from November 2008 to December 2010, pursuant to Section 91RD(1) of the relevant legislation. In full and final settlement, Mr Condie was ordered to pay Ms Quirke $263,000 within 60 days, and to transfer 395 Westpac shares and a motor vehicle to her. Upon these payments and transfers, Ms Quirke was to transfer her interest in the property at C Street, Suburb D, to Mr Condie, who was to discharge the associated mortgage. Mr Condie was to retain his specified savings, investments, vehicles, furniture, superannuation, and interests in various companies and trusts, while Ms Quirke was to retain her specified savings, investments, furniture, superannuation, and property at I Street, Suburb J. Ms Quirke was also to remove a caveat from property at F Street, Suburb H, upon Mr Condie's compliance with the payment and transfer orders. The question of costs was reserved.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Equity & Trusts
Legal Concepts
-
Remedies
-
Costs
-
Constructive Trust
Actions
Download as PDF
Download as Word Document
Citations
Condie and Quirke [2014] FamCA 567
Cases Citing This Decision
0
Cases Cited
1
Statutory Material Cited
1
Singer v Berghouse
[1994] HCA 40
Singer v Berghouse
[1994] HCA 40