Leone and Cino (No 4)

Case

[2015] FamCA 795

25 September 2015


Details
AGLC Case Decision Date
Leone and Cino (No 4) [2015] FamCA 795 [2015] FamCA 795 25 September 2015

CaseChat Overview and Summary

In the matter of *Leone and Cino (No 4)*, Macmillan J of the Family Court of Australia made orders concerning parenting and financial matters between the husband and wife. The dispute involved the suspension of existing parenting orders, the terms of supervised time between the husband and the children, and the sale of a property located at U Street, Suburb O, Victoria.

The court was required to determine the specific arrangements for the husband's future contact with the children, including the duration, frequency, and supervision of such contact. Additionally, the court needed to establish a comprehensive process for the sale of the parties' property, including the appointment of an agent, the setting of a reserve price, the responsibilities of each party in preparing and marketing the property, and the distribution of the sale proceeds. The court also addressed the potential for default in signing necessary documents and the procedure for relisting the matter.

Macmillan J ordered the suspension of previous parenting orders and stipulated that the husband would spend time with the children on one weekend per month, supervised by a nominated professional, with costs borne by the husband. Regarding the property, the court mandated its sale by public auction, detailing the process for agent selection, property preparation, and negotiation. The proceeds were to be applied first to sale costs, then to discharge the mortgage and any associated arrears, followed by the removal of caveats (excluding that of the Independent Children's Lawyer), with the balance to be held in a controlled monies account pending further order. The court also appointed a Registrar to sign documents on behalf of a defaulting party and granted liberty to apply regarding the sale implementation. The husband was given liberty to relist the matter on condition of filing specific affidavits concerning his absence from a prior hearing and proposals for mortgage arrears and his fitness to participate in proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Property Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

  • Procedural Fairness

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

5

Statutory Material Cited

2

Brown & Brown [2004] FamCA 1067
Farmer & Rogers [2010] FamCAFC 253
Farmer & Rogers [2010] FamCAFC 253