DEMENY & OGDEN
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
DEMENY & OGDEN [2021] FCCA 543
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