FRANNER & HARKNESS

Case

[2020] FCCA 627

27 March 2020


Details
AGLC Case Decision Date
FRANNER & HARKNESS [2020] FCCA 627 [2020] FCCA 627 27 March 2020

CaseChat Overview and Summary

In the matter of *Franner & Harkness*, heard by Judge McGuire, the court was asked to make orders concerning the parenting of the parties' two children, X (born 2007) and Y (born 2009), and the division of their property. The dispute involved the arrangements for the children's time with each parent and the allocation of significant assets, including real estate and vehicles.

The legal issues before the court were to determine appropriate parenting orders that would provide for the children's best interests, including their living arrangements and time spent with each parent. Concurrently, the court was required to make property orders that would achieve a just and equitable division of the parties' net tangible assets, taking into account their respective contributions and future needs. This included determining how specific assets, such as a property, vehicles, and farming equipment, would be allocated, and how any associated liabilities would be managed.

The court made orders for equal shared parental responsibility, with the children to live with the wife and spend significant time with the husband, detailing specific arrangements for weekends, school holidays, and Christmas. In relation to property, the court ordered a division of net tangible assets as to 65% to the wife and 35% to the husband. The husband was given an election to retain the family property, with detailed provisions for the transfer of various assets and liabilities depending on his decision. The court also made specific orders regarding the division of superannuation interests pursuant to sections 90MT and 81 of the *Family Law Act 1975*, aiming to finally determine the financial relationship between the parties.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Costs

  • Statutory Construction

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Russell v Russell [1976] HCA 23
Jabour & Jabour [2019] FamCAFC 78