ERINGTON & ERINGTON

Case

[2017] FamCA 637

24 August 2017


Details
AGLC Case Decision Date
ERINGTON & ERINGTON [2017] FamCA 637 [2017] FamCA 637 24 August 2017

CaseChat Overview and Summary

The case of *Erington & Erington* concerned parenting arrangements and property division following the breakdown of a marriage. The primary dispute revolved around the living arrangements for the parties' child, G, and the sale and distribution of various real properties owned by the couple. The matter came before Cronin J.

The court was required to determine the terms of shared parental responsibility, the specific times the child would spend with each parent, and the arrangements for international travel with the child. Additionally, the court had to address the sale of four specified real properties, including the appointment of a trustee for sale, the process for listing and selling the properties, and the distribution of the sale proceeds. The court also considered an injunction requiring the wife to vacate a particular property and the withdrawal of caveats lodged by a third party.

Cronin J made orders establishing equal shared parental responsibility for the child, G, with the child to live with the wife and spend significant time with the husband on a fortnightly basis, including half of school holidays. The court also permitted international travel with the child under specific conditions. Regarding property, the husband was appointed trustee for sale for four properties, with both parties ordered to place them on the market. The proceeds were to be applied to sale costs, mortgage discharges, and any balance paid into a trust account pending further order. An injunction was granted requiring the wife to vacate one property by a specified date, and she was ordered to permit agent access for sale purposes. A third party, Ms GG, consented to the withdrawal of caveats lodged over the properties.

The court ordered that certain property applications be adjourned for final hearing after the sale of the properties, with liberty to apply in respect of the sale arrangements. All other extant property applications were dismissed.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Jurisdiction

  • Consent

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