Kimber and Kimber (No.2)
Case
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[2017] FCCA 367
•2 March 2017
Details
AGLC
Case
Decision Date
Kimber and Kimber (No.2) [2017] FCCA 367
[2017] FCCA 367
2 March 2017
CaseChat Overview and Summary
In *Kimber and Kimber (No.2)*, Judge McGuire of the Federal Circuit Court of Australia considered the financial relationship between the parties following their separation. The dispute concerned the division of property and the finalisation of financial obligations between the husband and wife.
The court was required to determine how the parties' assets and liabilities should be divided, including the treatment of superannuation entitlements and other property in their possession. A key issue was the extent to which the financial relationship between the parties should be finally determined, in accordance with section 81 of the *Family Law Act 1975*.
The court ordered that the wife pay a sum of $4,675 to the husband within 28 days. Furthermore, each party was to retain their own superannuation policies and entitlements, and be solely entitled to all other property in their possession or control. Each party was also ordered to be solely liable for and indemnify the other in respect of liabilities attaching to assets retained by them, as well as liabilities incurred since separation. The court made these orders with the intention of finally determining the financial relationship between the parties and avoiding further proceedings.
The court was required to determine how the parties' assets and liabilities should be divided, including the treatment of superannuation entitlements and other property in their possession. A key issue was the extent to which the financial relationship between the parties should be finally determined, in accordance with section 81 of the *Family Law Act 1975*.
The court ordered that the wife pay a sum of $4,675 to the husband within 28 days. Furthermore, each party was to retain their own superannuation policies and entitlements, and be solely entitled to all other property in their possession or control. Each party was also ordered to be solely liable for and indemnify the other in respect of liabilities attaching to assets retained by them, as well as liabilities incurred since separation. The court made these orders with the intention of finally determining the financial relationship between the parties and avoiding further proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Remedies
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Costs
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Res Judicata
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Procedural Fairness
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Statutory Construction
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Injunction
Actions
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Citations
Kimber and Kimber (No.2) [2017] FCCA 367
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
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