Ericsson and Ericsson

Case

[2014] FCCA 2953

18 December 2014


Details
AGLC Case Decision Date
Ericsson and Ericsson [2014] FCCA 2953 [2014] FCCA 2953 18 December 2014

CaseChat Overview and Summary

This matter concerned orders made by Judge Phipps regarding parental responsibility, children's time, and property division between the parties. The dispute centred on arrangements for the three children of the marriage, including their education, health, living arrangements, and time spent with each parent, as well as the division of financial assets and liabilities.

The court was required to determine the specific terms of parental responsibility, particularly concerning the children's education and health, and to establish a detailed schedule for the children's time with each parent, including during school terms, school holidays, and Jewish festivals. Additionally, the court needed to make orders regarding the division of property, including funds held in trust, specific personal items, and responsibility for certain financial liabilities and overpayments.

Judge Phipps ordered that the wife have sole parental responsibility for the children's education and health, subject to a process of consultation with the husband. The parties were to have equal shared responsibility in all other respects. The children were to live with the wife, with specific arrangements for time spent with the husband during school terms, school holidays, and Jewish festivals, including provisions for collection and return of the children. The court also ordered equal sharing of educational costs and extracurricular activities. In relation to property, the majority of funds held in a controlled money trust account were to be divided 72.5% to the wife and 27.5% to the husband. The husband was ordered to deliver specific personal items to the wife, and each party was assigned sole responsibility for certain financial liabilities. The wife was to receive a splitting order of the husband's superannuation.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Costs

  • Remedies

  • Jurisdiction

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

1

Ericsson and Beesley (No.3) [2016] FCCA 2111
Cases Cited

1

Statutory Material Cited

2

FARLEY & MANOLY [2013] FamCAFC 93