Malcolm and Philip

Case

[2007] FamCA 789

14 June 2007


Details
AGLC Case Decision Date
Malcolm and Philip [2007] FamCA 789 [2007] FamCA 789 14 June 2007

CaseChat Overview and Summary

Bell J made orders concerning parenting arrangements and property settlement between Malcolm and Philip. The dispute involved the division of assets and the allocation of parental responsibility and time with their children, D and T.

The court was required to determine the specific parenting orders for the children, including equal shared parental responsibility, live with arrangements, and the father's and mother's time with the children. Additionally, the court had to determine the division of the net asset pool, the retention of specific assets by each party, and the process for the sale of the former matrimonial home. The court also addressed child support obligations, including departures from administrative assessments and lump sum payments.

In relation to parenting, the court ordered equal shared parental responsibility and established a detailed schedule for the children's time with each parent, including provisions for holidays and special occasions. For property settlement, the court ordered a 60/40 split of the net asset pool in favour of the wife, specifying which assets each party would retain. The court also outlined a comprehensive procedure for the sale of the former matrimonial home, including provisions for private treaty and auction if necessary. Regarding child support, the court made specific orders departing from administrative assessments and setting lump sum payments to cover arrears and future obligations.
Details

Areas of Law

  • Family Law

  • Property Law

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