DEMENY & OGDEN

Case

[2021] FCCA 543

22 March 2021


Details
AGLC Case Decision Date
DEMENY & OGDEN [2021] FCCA 543 [2021] FCCA 543 22 March 2021

CaseChat Overview and Summary

In the Family Court of Australia, Judge Kari considered an application by the de facto wife to enforce final orders made in May 2014, which had not been complied with. The de facto husband sought a variation of these final orders.

The court was required to determine whether to vary the existing final orders, given the non-compliance and the husband's application for variation, and to consider the appropriate orders to be made in light of these circumstances.

Judge Kari reasoned that a variation of the final orders was warranted. The court ordered that a specific paragraph of the 2014 orders be amended to require the applicant to pay the respondent a sum of $210,877.63, reduced by half the amount owing on three specified Commonwealth Bank of Australia loans. Following this payment, the applicant was to discharge and fully indemnify the respondent concerning these same loans.

Save for any applications relating to costs, all other extant applications before the court were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Lancer & Lancer [2008] FamCAFC 112
Ullrich & Kraft [2014] FamCA 266
Apoda & Apoda [2013] FamCA 265