Kartis and Kartis
Case
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[2009] FamCA 116
•20 February 2009
Details
AGLC
Case
Decision Date
Kartis and Kartis [2009] FamCA 116
[2009] FamCA 116
20 February 2009
CaseChat Overview and Summary
In the matter of *Kartis and Kartis*, the Honourable Justice Cronin considered an application filed by the husband on 5 February 2009, which was subsequently dismissed. The proceedings involved disputes between the husband and wife concerning property matters.
The court was required to determine the disposition of certain properties, specifically the "N property" and the "K property," and to address the husband's application filed in February 2009. Additionally, the court considered the entitlement to rental income from the properties pending their sale and the allocation of sale proceeds.
Justice Cronin's reasoning, as evidenced by the orders made by consent, focused on facilitating the sale of the specified properties. The parties agreed on a process for selecting selling agents and the terms of sale, with provision for the agent to fix terms in the event of disagreement. The proceeds were to be applied first to sale costs and mortgage liabilities, with any balance to be invested. The court also addressed the husband's entitlement to rental income pending sale, with the trial judge to characterise all rentals received. The husband's application was dismissed, and he was ordered to pay the wife's costs in relation to that application.
The court was required to determine the disposition of certain properties, specifically the "N property" and the "K property," and to address the husband's application filed in February 2009. Additionally, the court considered the entitlement to rental income from the properties pending their sale and the allocation of sale proceeds.
Justice Cronin's reasoning, as evidenced by the orders made by consent, focused on facilitating the sale of the specified properties. The parties agreed on a process for selecting selling agents and the terms of sale, with provision for the agent to fix terms in the event of disagreement. The proceeds were to be applied first to sale costs and mortgage liabilities, with any balance to be invested. The court also addressed the husband's entitlement to rental income pending sale, with the trial judge to characterise all rentals received. The husband's application was dismissed, and he was ordered to pay the wife's costs in relation to that application.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Jurisdiction
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Remedies
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Stay of Proceedings
Actions
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Citations
Kartis and Kartis [2009] FamCA 116
Most Recent Citation
Montoya & Rosales [2023] FedCFamC1F 1016
Cases Cited
0
Statutory Material Cited
1