Garman and Jackson (No 2)

Case

[2013] FamCA 1142

5 August 2013


Details
AGLC Case Decision Date
Garman and Jackson (No 2) [2013] FamCA 1142 [2013] FamCA 1142 5 August 2013

CaseChat Overview and Summary

In *Garman and Jackson (No 2)*, the parties, the husband and wife, presented parenting and property matters to Macmillan J of the Family Court of Australia. The dispute concerned arrangements for the husband's time with the child of the marriage, B, and the division of their property, including the former matrimonial home and a property in Country J.

The court was required to determine the terms of supervised and unsupervised time between the husband and the child, including the duration, frequency, and supervision arrangements. Additionally, the court needed to make orders regarding the sale of the former matrimonial home, the division of sale proceeds, the occupation of the home pending sale, and the transfer of a property in Country J. The court also had to address the equal sharing of costs for counselling, therapy, and the preparation of reports, as well as the husband's obligation to pay half of the child's school fees and incidentals, and the division of the husband's superannuation.

By consent, the court made detailed orders concerning the parenting arrangements, including a phased approach to supervised contact over five months, with specific conditions regarding supervision, changeovers, and the involvement of a Family Consultant and a psychologist. The court also made property orders, directing the sale of the former matrimonial home with proceeds to be divided 45% to the husband and 55% to the wife after costs and encumbrances. The husband was ordered to transfer half of the Country J property to the wife, and any monies in joint bank accounts were to become the property of the child. The court also stipulated that the property orders constituted a full and final settlement of property issues.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Costs

  • Consent

  • Remedies

  • Procedural Fairness

  • Jurisdiction

  • Statutory Construction

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