Cornett & Hext (No 3)

Case

[2020] FamCA 1069

15 December 2020


Details
AGLC Case Decision Date
Cornett & Hext (No 3) [2020] FamCA 1069 [2020] FamCA 1069 15 December 2020

CaseChat Overview and Summary

In *Cornett & Hext (No 3)*, heard by Williams J, the wife sought further interim property and parenting orders prior to the resumption of a partially heard trial. The wife requested an additional interim property distribution to fund her legal costs for the remainder of the trial, which the husband opposed, arguing it would exceed her eventual entitlement. The wife also sought variations to existing parenting orders, proposing a suspension of her time with the children on one weekend per month to allow the husband uninterrupted time, but requested make-up time.

The court was required to determine whether to grant the wife a further interim property distribution, considering the husband's opposition based on potential overpayment relative to her final entitlement, and whether to vary the parenting orders to accommodate the husband's request for uninterrupted weekend time, subject to make-up provisions for the wife. The court also had to consider the specific arrangements for children's time during the Christmas and New Year period.

Williams J ordered a further partial property distribution of $150,000 to the wife from funds held in trust. Regarding parenting, the court varied previous orders to suspend the wife's time with the children on the last weekend of each calendar month, provided she received equivalent make-up time during subsequent school holidays. The court also made specific orders for the children's time with the wife during the Christmas and New Year period, including supervised time and a facilitated telephone call on Christmas Day. All other extant interim applications were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

1

Cornett and Hext (No. 4) [2021] FamCA 289
Cases Cited

1

Statutory Material Cited

1

Furtado & Furtado [2011] FamCA 1018