FERREDAY & LAYH

Case

[2018] FamCA 646

24 August 2018


Details
AGLC Case Decision Date
FERREDAY & LAYH [2018] FamCA 646 [2018] FamCA 646 24 August 2018

CaseChat Overview and Summary

In the matter of FERREDAY & LAYH, Berman J of the Family Court of Australia determined parenting and property settlement issues between the parties. The dispute involved allegations of sexual abuse which were unable to be substantiated by evidence. Each party sought sole parental responsibility for the child, and the court aimed to make orders least likely to lead to further litigation. The property settlement also required consideration of the just and equitable distribution of assets under section 75(2) of the *Family Law Act 1975* (Cth).

The court was required to determine the most appropriate parenting arrangements for the child, considering the child's best interests and the need for a meaningful relationship with both parents, despite the unsubstantiated allegations. In relation to property, the court had to assess the financial contributions and needs of each party to determine a just and equitable settlement.

Berman J ordered that the wife have sole parental responsibility for the child, with the child to live with the wife and spend time with the husband on specified days each week and on public holidays. The court also made detailed orders regarding communication between parents and the child, including provisions for overseas travel and the management of the child's passport. In terms of property, the husband was ordered to pay a settlement sum to the wife and transfer his interest in a specified property. The court also detailed the division of other assets and liabilities, including the retention of certain businesses and properties by each party, and provided for the sale of properties in the event of default in payment of the settlement sum.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Consent

  • Remedies

  • Costs

  • Jurisdiction

  • Res Judicata

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Cases Citing This Decision

1

Ferreday & Layh [2021] FamCA 648
Cases Cited

2

Statutory Material Cited

1

M v M [1988] HCA 68
Bevan & Bevan [2013] FamCAFC 116