GARNER & GARNER
Case
•
[2010] FamCA 252
•30 March 2010
Details
AGLC
Case
Decision Date
GARNER & GARNER [2010] FamCA 252
[2010] FamCA 252
30 March 2010
CaseChat Overview and Summary
The case of *Garner & Garner* involved parenting and property settlement orders made by the Honourable Rose J. The dispute concerned the arrangements for the parties' three children and the division of their former matrimonial home and other assets.
The court was required to determine the specific terms of parenting orders, including additional time for the husband with the children during school terms, and to make orders for the sale of the former matrimonial home. Further issues included the distribution of the proceeds of sale, the division of household contents, and the entitlement to personalty and superannuation.
Rose J made orders for the sale of the former matrimonial home by public auction, with a reserve price to be agreed upon or nominated by a single expert. The proceeds were to be applied first to sale expenses and legal costs, with the balance to be divided such that the wife received 71.85% and the husband the remaining balance. The parties were also ordered to divide the contents of the home according to an attached document, and each party was declared solely entitled to their personalty and superannuation entitlements. Parenting orders were also varied to allow for additional time with the husband during school terms.
The court was required to determine the specific terms of parenting orders, including additional time for the husband with the children during school terms, and to make orders for the sale of the former matrimonial home. Further issues included the distribution of the proceeds of sale, the division of household contents, and the entitlement to personalty and superannuation.
Rose J made orders for the sale of the former matrimonial home by public auction, with a reserve price to be agreed upon or nominated by a single expert. The proceeds were to be applied first to sale expenses and legal costs, with the balance to be divided such that the wife received 71.85% and the husband the remaining balance. The parties were also ordered to divide the contents of the home according to an attached document, and each party was declared solely entitled to their personalty and superannuation entitlements. Parenting orders were also varied to allow for additional time with the husband during school terms.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Property Law
-
Civil Procedure
Legal Concepts
-
Costs
-
Jurisdiction
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
GARNER & GARNER [2010] FamCA 252
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
1