HATTON & AIMES

Case

[2014] FamCA 1218

15 May 2014


Details
AGLC Case Decision Date
HATTON & AIMES [2014] FamCA 1218 [2014] FamCA 1218 15 May 2014

CaseChat Overview and Summary

In the matter of *Hatton & Aimes*, Aldridge J of the Federal Circuit and Family Court of Australia determined property settlement and costs orders between an applicant wife and a respondent husband. The dispute concerned the division of assets and liabilities following the breakdown of the parties' marriage.

The court was required to determine the appropriate distribution of the net proceeds from the sale of two properties, the allocation of existing assets and liabilities between the parties, and the quantum and incidence of costs. The court also considered the mechanism for giving effect to its orders, including the appointment of the Registrar in the event of non-compliance.

Aldridge J ordered that the applicant wife retain her current assets and superannuation entitlements, and bear her existing liabilities. The net proceeds from the sale of the parties' properties were to be distributed as to 65% to the wife and 35% to the husband. The husband was also ordered to pay one half of the wife's costs, assessed at $36,015.31, to be paid from the proceeds of sale before any distribution to him. The husband was granted liberty to apply to set aside the costs order within 28 days. All other applications were dismissed, and the matter was removed from the active pending cases list.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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