HURRELL & HURRELL

Case

[2017] FamCA 1006

4 December 2017


Details
AGLC Case Decision Date
HURRELL & HURRELL [2017] FamCA 1006 [2017] FamCA 1006 4 December 2017

CaseChat Overview and Summary

In the matter of *Hurrell & Hurrell*, Ms Hurrell (the applicant) sought orders concerning the sale of a property and parenting arrangements for the parties' children. The proceedings were heard by Gill J.

The court was required to determine the terms of the sale of the parties' property located at B Street, Suburb C, New South Wales, including the appointment of a trustee for the sale, marketing and sale process, and the distribution of sale proceeds. Additionally, the court was asked to make orders regarding the children's residence and parental responsibility, and to grant injunctions for their protection.

Gill J ordered that the property be listed for sale within 14 days, appointing the wife as trustee for the sale with authority to appoint agents and a solicitor, and to determine the listing and selling prices. The sale was to be by private treaty, with an auction to follow if not sold within three months. Upon completion, sale costs and outstanding rates were to be paid first, followed by the discharge of any mortgage or encumbrances. The remaining proceeds were to be placed in an interest-bearing account, with access restricted by agreement or further court order. The court also made orders for the mother to have sole parental responsibility for the children, that the children live with the mother, and granted injunctions restraining the father from contacting the children or being within 100 metres of them, their school, or their residence, for their personal protection. The matter was designated as a Magellan matter and adjourned for further hearing or directions.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Jurisdiction

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