Kasiopoulos and Garapiperis
Case
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[2010] FamCA 39
•29 January 2010
Details
AGLC
Case
Decision Date
Kasiopoulos and Garapiperis [2010] FamCA 39
[2010] FamCA 39
29 January 2010
CaseChat Overview and Summary
In *Kasiopoulos and Garapiperis*, the parties were husband and wife, and the dispute concerned the division of their property. The matter came before Johnston JR in the Family Court of Australia.
The court was required to determine how the parties' property, including their former matrimonial home and other assets, should be divided. This involved considering the application of section 79 of the *Family Law Act 1975* to the circumstances of the case.
Johnston JR ordered that the wife was to pay the husband a sum of $89,077 and discharge the mortgage on the former matrimonial home within 42 days. Upon compliance, the husband was to transfer his interest in the home to the wife. If the wife failed to comply, the property was to be sold, with the proceeds distributed after sale costs and mortgage discharge, with 88.09 percent of the balance to the wife and the remainder to the husband. Other property, including superannuation, was declared to be the sole property of the party in possession or control. The court also made orders appointing Registrars to sign documents if either party refused to do so, and stipulated that the orders would commence operation on 16 February 2010.
The court was required to determine how the parties' property, including their former matrimonial home and other assets, should be divided. This involved considering the application of section 79 of the *Family Law Act 1975* to the circumstances of the case.
Johnston JR ordered that the wife was to pay the husband a sum of $89,077 and discharge the mortgage on the former matrimonial home within 42 days. Upon compliance, the husband was to transfer his interest in the home to the wife. If the wife failed to comply, the property was to be sold, with the proceeds distributed after sale costs and mortgage discharge, with 88.09 percent of the balance to the wife and the remainder to the husband. Other property, including superannuation, was declared to be the sole property of the party in possession or control. The court also made orders appointing Registrars to sign documents if either party refused to do so, and stipulated that the orders would commence operation on 16 February 2010.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
Legal Concepts
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Remedies
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Jurisdiction
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Costs
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Injunction
Actions
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Most Recent Citation
Marsh & Marsh [2014] FamCAFC 24
Cases Cited
0
Statutory Material Cited
1