COSTELLO & COSTELLO

Case

[2015] FCCA 1525

27 May 2015


Details
AGLC Case Decision Date
Costello and Costello [2015] FCCA 1525 [2015] FCCA 1525 27 May 2015

CaseChat Overview and Summary

In the matter of *Costello & Costello*, Judge Scarlett of the Federal Circuit Court of Australia considered an application concerning property settlement and the financial responsibilities of the parties for their daughter's education. The dispute involved the distribution of joint funds and the payment of educational expenses.

The court was required to determine the specific amounts to be paid by the parties towards their daughter's training course and school fees, and how a sum of $110,000.00 from joint bank accounts was to be distributed as partial property settlement. The court also needed to address the mechanism for ensuring compliance with its orders, particularly in the event of a party's refusal or neglect to execute necessary documents.

Judge Scarlett ordered the respondent to pay a deposit for a training course within seven days. Further, both parties were directed to facilitate the distribution of $110,000.00 from their joint accounts, with specific sums allocated to a school and a college, and the balance to Manning Lawyers Pty Ltd. The respondent was also ordered to pay a further sum to the school within one month. To ensure compliance, the Registrar or a Deputy Registrar of the Federal Circuit Court was appointed under section 106A of the *Family Law Act 1975* to execute any necessary deeds or instruments on behalf of a defaulting party. The parties were to bear their own costs, and the application was adjourned for a callover.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

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