GOODALL & GOODALL

Case

[2017] FCCA 1971

30 August 2017


Details
AGLC Case Decision Date
GOODALL & GOODALL [2017] FCCA 1971 [2017] FCCA 1971 30 August 2017

CaseChat Overview and Summary

In the matter of *Goodall & Goodall*, Judge Small of the Family Court of Australia considered parenting arrangements for three children and the division of the parties' property. The dispute involved the organisation of time between the children and their father, whose occupation involved irregular work commitments, and the just and equitable settlement of the parties' financial affairs, including the husband's retirement fund.

The court was required to determine appropriate parenting orders that would facilitate the children's time with their father, taking into account his occupational demands. Additionally, the court needed to make orders for the just and equitable division of the parties' property, specifically addressing the husband's superannuation interest and other assets and liabilities.

The court made detailed orders regarding parenting, establishing equal shared parental responsibility with the children living with the wife. The husband's time with the children was structured to accommodate his employment schedule, with provisions for different arrangements during his employment and after his retirement. The court also issued injunctions restraining the parties from denigrating each other in the children's presence or on social media, and established protocols for communication regarding the children. In relation to property, the court ordered a division of net non-superannuation assets, with the wife receiving 72.5% and the husband 27.5%. The husband was to retain his business, and the wife was to relinquish any interest in the Goodall Family Trust. The court also made orders for spousal maintenance payable by the husband to the wife until she completed her qualifications or the end of 2020, whichever was sooner. Crucially, the court intended to make orders for a split of the husband's superannuation interest in accordance with the *Family Law Act 1975* (Cth), subject to procedural fairness being afforded to the trustee of the fund.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Procedural Fairness

  • Statutory Construction

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

3

KEDVES & SEGAL [2020] FCCA 67
KEDVES & SEGAL [2020] FCCA 67
Stanford v Stanford [2012] HCA 52