JAMSHIDI & SOROUSH

Case

[2017] FamCA 880

4 August 2017


Details
AGLC Case Decision Date
JAMSHIDI & SOROUSH [2017] FamCA 880 [2017] FamCA 880 4 August 2017

CaseChat Overview and Summary

In the matter of *Jamshidi & Soroush*, heard before Carew J in the Federal Circuit and Family Court of Australia, the dispute concerned parenting arrangements for a child and the division of property between the parents. The father sought orders for weekend time with the child, while the mother sought an order for no time between the father and the child. The court also considered the just and equitable distribution of the parties' property.

The primary legal issues before the court were whether the father posed an unacceptable risk of harm to the child, and if so, whether any proposed arrangements, including supervised time, could adequately protect the child. In relation to property, the court was required to determine whether it was just and equitable to make an order, considering the parties' contributions and any relevant adjustments.

On the parenting issue, Carew J was not satisfied that time between the father and the child could occur in a safe environment, finding that supervised time would not afford sufficient protection to the child. Regarding property, the court found it just and equitable to make orders, noting that the parties' contributions were equal. An adjustment was made in the mother's favour pursuant to section 75. The father was made responsible for the payment of debts, and orders were made for the distribution of cash and superannuation.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Jurisdiction

  • Remedies

  • Fiduciary Duty

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

4

Baghti & Baghti [2015] FamCAFC 71
M v M [1988] HCA 68
Singer v Berghouse [1994] HCA 40