JAMISON & HALLIDAY
Case
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[2009] FamCA 890
•17 September 2009
Details
AGLC
Case
Decision Date
JAMISON & HALLIDAY [2009] FamCA 890
[2009] FamCA 890
17 September 2009
CaseChat Overview and Summary
In the matter of Jamison & Halliday, Watts J of the Family Court of Australia considered disputes concerning property adjustment and child support between the parties. The wife sought an alteration of property interests, and the court also addressed an application for a departure order concerning child support.
The primary legal issues before the court were whether the husband was the sole legal and beneficial owner of a corporate entity, and whether his conduct, specifically involving gambling, constituted waste of marital assets. Additionally, the court was required to determine appropriate child support payments for the parties' children.
Watts J determined that a property adjustment was just and equitable. The court ordered the husband to pay the wife a sum of $100,000 within two months. In default of this payment, the wife was to be appointed trustee for the sale of the W property, with proceeds to be applied first to sale costs, then to discharge the mortgage, followed by the $100,000 payment to the wife (plus interest), and any remaining balance to the husband. The court also made orders for child support, requiring the husband to pay $270 per week per child, with annual indexation based on the consumer price index.
The primary legal issues before the court were whether the husband was the sole legal and beneficial owner of a corporate entity, and whether his conduct, specifically involving gambling, constituted waste of marital assets. Additionally, the court was required to determine appropriate child support payments for the parties' children.
Watts J determined that a property adjustment was just and equitable. The court ordered the husband to pay the wife a sum of $100,000 within two months. In default of this payment, the wife was to be appointed trustee for the sale of the W property, with proceeds to be applied first to sale costs, then to discharge the mortgage, followed by the $100,000 payment to the wife (plus interest), and any remaining balance to the husband. The court also made orders for child support, requiring the husband to pay $270 per week per child, with annual indexation based on the consumer price index.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Remedies
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Citations
JAMISON & HALLIDAY [2009] FamCA 890
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
2
Makita (Australia) Pty Ltd v Sprowles
[2001] NSWCA 305
Kannis & Kannis
[2002] FamCA 1150