Furlan and Furlan and Anor

Case

[2018] FCCA 3157

16 November 2018


Details
AGLC Case Decision Date
Furlan and Furlan and Anor [2018] FCCA 3157 [2018] FCCA 3157 16 November 2018

CaseChat Overview and Summary

This matter concerned parenting arrangements for two children and the division of property between the applicant husband and the respondent wife. The court was required to make orders regarding the children's living arrangements, time spent with each parent, and to address the sale of a property and the division of its proceeds. Additionally, the court was tasked with making orders concerning the husband's superannuation interests and the wife's entitlement to a portion thereof.

The court determined that equal shared parental responsibility was in the children's best interests. The children were ordered to live with the wife, subject to specific conditions regarding her residence. The husband was granted significant time with the children, with detailed provisions for school terms and holidays, including specific arrangements for Christmas. The court also made orders to suspend parental time on significant days such as Mother's Day and Father's Day, and on the children's birthdays, to ensure those occasions could be spent with the relevant parent. Further parenting orders included provisions for communication between parents, injunctions against denigration, and specific requirements for both parents concerning mental health treatment and a men's behaviour change course.

In relation to property, the court ordered that a property in Western Australia be placed on the market and sold. The proceeds of sale were to be distributed in a specific priority, with the majority of the remaining balance to be divided 65% to the wife and 35% to the husband. The court also made orders for the division of the husband's superannuation, entitling the wife to a specific amount from splittable payments. The court also made orders regarding the parties' respective entitlements to other property and debts.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Constructive Trust

  • Remedies

  • Standing

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

5

Hickey & Hickey [2003] FamCA 395
Harridge & Harridge [2010] FamCA 445
Singer v Berghouse [1994] HCA 40