Koca and Koca

Case

[2013] FamCA 209

5 April 2013


Details
AGLC Case Decision Date
KOCA & KOCA [2013] FamCA 209 [2013] FamCA 209 5 April 2013

CaseChat Overview and Summary

The dispute in *Koca and Koca* concerned the division of property and the payment of child support arrears. The matter came before Loughnan J.

The court was required to determine the appropriate distribution of funds held on trust by a solicitor, Athena Touriki, and to address arrears of child support owed by the husband. The court also needed to make orders regarding the retention of other real and personal property and superannuation interests by each party.

Loughnan J ordered that the funds held on trust be disbursed with 62 per cent to the wife and the balance to the husband. The court specifically noted that a portion of the wife's entitlement, $17,034.66, was referable to child support arrears. The wife was ordered to notify the Child Support Registrar of these terms and her receipt of the payment. The court further ordered that, apart from the specified disbursements, each party was to retain their own property and superannuation interests. Provisions were made for the Registrar or Deputy Registrar to execute necessary documents on behalf of a defaulting party, and leave was granted for either party to apply to restore the proceedings within 21 days for agreed amendments or clarification of the orders.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Consent

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Norbis v Norbis [1986] HCA 17
Gronow v Gronow [1979] HCA 63
Gronow v Gronow [1979] HCA 63