KHALID & KHALID (No.2)

Case

[2015] FCCA 2879

20 March 2015


Details
AGLC Case Decision Date
Khalid and Khalid (No.2) [2015] FCCA 2879 [2015] FCCA 2879 20 March 2015

CaseChat Overview and Summary

This matter came before Judge Neville concerning property and parenting disputes between the Husband and Wife. The Wife sought orders for financial disclosure from the Husband, the appraisal and potential sale of certain properties, and orders relating to the children's living arrangements and time with each parent. The Court also considered the Husband's failure to comply with previous directions and orders.

The Court was required to determine the extent of financial disclosure necessary from the Husband to facilitate a just and equitable division of property. It also needed to make orders regarding the appraisal and potential sale of three specific properties, including the appointment of a trustee for sale and the distribution of sale proceeds. Furthermore, the Court had to address parenting arrangements for the two children, X and Y, and consider the consequences of the Husband's non-compliance with court directions and orders.

In relation to property, the Court ordered the Husband to provide extensive financial disclosure within 48 hours, including details of assets, liabilities, disposals, tax returns, pay slips, superannuation, bank statements, credit card liabilities, mortgages, loans, real property, vehicles, shareholdings, trusts, financial investments, and business financial statements. The Husband was also ordered to obtain three appraisals for specific properties within seven days and facilitate access for real estate agents. The Court stipulated that if the Husband failed to comply with these orders, the properties would be listed for sale, with the Wife appointed as Trustee for the sale, and outlined the process for marketing, sale, and distribution of proceeds. The Husband was also restrained from dealing with these properties and ordered to maintain all payments and liabilities associated with them. The Court also made an order pursuant to section 90MT(1)(b) of the *Family Law Act 1975* concerning a splittable superannuation payment.

Regarding parenting, all previous orders were discharged. Until further order, X was to live with the Mother and spend time with the Father as agreed in writing. Y was to live with the Mother and spend alternate weekends with the Father. The Father was restrained from attending X's school except for the purposes of Y's changeover. The Court warned that failure to provide Y to the Mother by a specified date could result in a recovery order. The Court also noted the Husband's failure to file written submissions and indicated that outstanding orders sought by the Mother would be made without further notice if submissions were not filed by a specified date. The matter was adjourned for further directions, and both parties were put on notice regarding potential arrest for continued non-compliance with court orders. The Husband was ordered to pay the Wife's costs fixed at $5,000.00 plus associated costs within 48 hours of receiving an invoice.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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