Coulson and Coulson

Case

[2016] FCCA 3319

9 December 2016


Details
AGLC Case Decision Date
Coulson and Coulson [2016] FCCA 3319 [2016] FCCA 3319 9 December 2016

CaseChat Overview and Summary

In the matter of Coulson and Coulson, heard by Judge Harland, the dispute concerned final property settlement and parenting orders between a husband and wife. The husband sought leave to proceed on an undefended basis, which was granted.

The court was required to determine the division of property between the parties and to make orders regarding the parental responsibility and living arrangements for their child, X. Additionally, the court needed to address conditions and restrictions related to the wife's contact with X, specifically concerning drug use and testing.

Judge Harland ordered that each party retain sole entitlement to property in their possession, with specific provisions for insurance policies and the severance of any joint tenancies. The court also ordered that each party be solely liable for any liabilities encumbering property they received and that claims to superannuation benefits be foregone. Regarding parenting, the husband was granted sole parental responsibility for X, with X to live with the husband. The wife was to spend time and communicate with X at times agreed in writing, subject to conditions including a restraint on illicit drug use within 24 hours prior to or during time with X, and mandatory supervised drug screening upon written request from the husband.

The court further ordered that the wife be restrained from using illicit drugs within 24 hours prior to or during any time spent with X, and that any time X spent with the wife was conditional upon her undergoing a supervised drug screen within 24 hours of a written request from the husband and providing the results within 30 days. Pursuant to Federal Circuit Court Rules 2001 (Cth), the applicant was granted leave to apply to vary or set aside these final orders within 60 days.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

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Cases Citing This Decision

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Cases Cited

1

Statutory Material Cited

3

Singer v Berghouse [1994] HCA 40