Conway and Jordan

Case

[2016] FCCA 1175

17 May 2016


Details
AGLC Case Decision Date
Conway and Jordan [2016] FCCA 1175 [2016] FCCA 1175 17 May 2016

CaseChat Overview and Summary

This matter concerned property adjustment orders made by Judge Wilson pursuant to section 90SM of the *Family Law Act 1975* (Cth) between the applicant, Mr Conway, and the respondent, Ms Jordan. The dispute involved the division of various assets and liabilities, including real property, a business, bank loans, and superannuation interests.

The court was required to determine how the parties' property interests should be altered to achieve a just and equitable distribution. This involved considering the allocation of specific assets, such as a property and a business, and assigning responsibility for various debts and financial obligations, including mortgages and business loans. Furthermore, the court needed to address the division of superannuation entitlements and the implications of any caveats lodged over property.

Judge Wilson's reasoning led to a comprehensive set of orders aimed at finalising the property settlement. The respondent was ordered to retain the real property, subject to her refinancing existing mortgages and indemnifying the applicant against those liabilities. The applicant was to retain the proceeds from the business and be released from any guarantees related to it. A significant portion of the settlement involved a payment from the respondent to the applicant, with provisions for the sale of the real property if this payment was not made within a specified timeframe. The court also ordered a superannuation split in favour of the applicant and severed any joint tenancies, with each party to retain other property in their possession and be solely liable for associated liabilities.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Remedies

  • Costs

  • Injunction

  • Jurisdiction

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Elgin & Elgin [2015] FamCAFC 155
Kennon v Spry [2008] HCA 56