Fitzgibbon & Fitzgibbon

Case

[2021] FCCA 1917

19 August 2021


Details
AGLC Case Decision Date
Fitzgibbon & Fitzgibbon [2021] FCCA 1917 [2021] FCCA 1917 19 August 2021

CaseChat Overview and Summary

In the matter of *Fitzgibbon & Fitzgibbon*, heard before Judge Kari, the dispute concerned the assessment of contributions and future needs in a family law property settlement. The parties sought orders regarding the division of their net assets, which totalled $273,080.07.

The court was required to determine the just and equitable division of the parties' property, considering their respective financial contributions, future needs, and the impact of a financial resource. Specifically, the court had to assess how to adjust the asset pool to reflect these considerations and to determine the final distribution of funds and assets.

The court reasoned that a 65% adjustment in the husband's favour was just and equitable. This calculation involved considering the net assets held by each party, including partial property settlements, liabilities, and the wife's superannuation and car. Crucially, the court also factored in the value of a property owned by the wife, purchased with an inheritance. After accounting for the property division and the wife's separate assets, the court determined that the wife would receive $45,188.00 from the proceeds of sale of another property, with the balance to be paid to the husband. The court also ordered that each party retain their respective superannuation entitlements and be responsible for their own debts and liabilities.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Bevan & Bevan [2013] FamCAFC 116
Jabour & Jabour [2019] FamCAFC 78