MALONE & MALONE

Case

[2017] FamCA 1157

17 April 2017


Details
AGLC Case Decision Date
MALONE & MALONE [2017] FamCA 1157 [2017] FamCA 1157 17 April 2017

CaseChat Overview and Summary

In the matter of MALONE & MALONE, the dispute before Cronin J concerned children's time arrangements and property adjustment. The children's time arrangement sought to establish a specific schedule for the husband to spend time with the children during school terms. The property dispute involved an adjustment for earning disparity and the husband's alleged wanton behaviour.

The court was required to determine the appropriate number of days the husband should have the children during school terms, specifically addressing the frequency and duration of his time with them. Additionally, the court had to consider the extent to which the husband's earning capacity and his conduct should influence the division of matrimonial assets.

Cronin J made orders regarding the children's time, stipulating that they would spend time with the husband every alternate week from Thursday after school until Sunday at 4:00 pm, commencing with a specific weekend. The court also issued detailed orders concerning the distribution of assets and liabilities, including the termination of the Malone Family Trust, the distribution of shares in B Pty Ltd, and the allocation of properties at C Street and E Street. Further orders addressed the sale of the F Street property, the discharge of loans, and a splittable payment from the husband's superannuation fund to the wife. These property orders were made by consent of the parties.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Costs

  • Remedies

  • Statutory Construction

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