GARRICK & GARRICK

Case

[2015] FCCA 1108

13 May 2015


Details
AGLC Case Decision Date
Garrick and Garrick [2015] FCCA 1108 [2015] FCCA 1108 13 May 2015

CaseChat Overview and Summary

This matter came before Judge Coakes concerning parenting orders and alterations to property interests between the parties. The dispute involved the arrangements for the child, X, and the division of various assets.

The court was required to determine the living arrangements for X, including parental responsibility and the specific times and methods of communication and time spent with each parent. Additionally, the court needed to address the division of property, including specific real estate, shareholdings, a motor vehicle, and superannuation entitlements, and to make orders regarding financial liabilities and indemnities between the parties.

The court made comprehensive parenting orders, discharging previous orders and establishing that X would live with the father and that the father would have sole parental responsibility. The orders detailed specific arrangements for X to spend time and communicate with the mother, including during school holidays and by telephone, with provisions for X's wishes to be considered. The court also imposed restraints on both parents regarding physical punishment, denigration of the other parent, and discussing proceedings with X. Further orders addressed notification requirements in case of injury or illness, medical and school record access, and attendance at school functions. In relation to property, the court declared the wife solely entitled to Property E and ordered the husband to pay a sum of money to the wife within sixty days. Upon payment, the wife was to transfer Property B to the husband. If payment was not made, Property B was to be listed for sale, with specific provisions for private treaty and auction. The court also made detailed orders regarding the transfer of other properties, shareholdings, a motor vehicle, and superannuation entitlements, along with various financial indemnities and liabilities between the parties.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

0

Stanford v Stanford [2012] HCA 52
Stanford v Stanford [2012] HCA 52
Hickey & Hickey [2003] FamCA 395