HENDRY & BANISTER

Case

[2019] FamCA 329

23 May 2019


Details
AGLC Case Decision Date
HENDRY & BANISTER [2019] FamCA 329 [2019] FamCA 329 23 May 2019

CaseChat Overview and Summary

This matter concerned a dispute between a husband and wife regarding children's time arrangements and property division. The husband sought an increase in time spent with the children, while the wife opposed this. A family report was before the court, supporting either a small increase in time or the retention of the status quo. The court was also required to make interim orders concerning the mechanics of the sale of two properties.

The legal issues before the court were to determine the appropriate time arrangements for the children, considering the family report and the parties' positions, and to establish interim orders for the sale of the parties' properties. The court also had to address the equal shared parental responsibility for the children.

Berman J made orders for equal shared parental responsibility. The orders detailed specific time arrangements for each of the four children with both parents, including provisions for school terms, school holidays, and birthdays. The court also made detailed interim orders regarding the sale of two properties, specifying how the proceeds of sale were to be applied, and granting injunctions restraining either party from accepting offers or negotiating sales without the other's consultation and written consent. Further orders addressed the payment of weekly sums by the husband to the wife, the signing of documents for home loan repayments and trust financial statements, and provisions for travel with the children.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

1

Marvel & Marvel [2010] FamCAFC 101