Masoud & Masoud

Case

[2013] FamCA 763

4 October 2013


Details
AGLC Case Decision Date
MASOUD & MASOUD [2013] FamCA 763 [2013] FamCA 763 4 October 2013

CaseChat Overview and Summary

This matter concerned parenting arrangements and property division between Ms Masoud (the wife) and Mr Masoud (the husband) for their three children, J, D, and G. The proceedings were heard by Fowler J.

The court was required to determine the specific parenting orders concerning the children's living arrangements, time spent with each parent, and decision-making responsibilities. Additionally, the court needed to make orders regarding the division of the parties' various assets, including bank accounts, a line of credit, real estate, company interests, trusts, a motor vehicle, and superannuation funds. The court also addressed issues of spouse maintenance and child support.

In relation to parenting, the court ordered equal shared parental responsibility, with J to live with the husband and D and G to live with the wife. Specific time arrangements were detailed for the children to spend with the non-resident parent, including during school terms and holidays, with provisions for Father's Day and Mother's Day. The court also made orders concerning notification of illness, communication, the prohibition of denigration, and the promotion of the relationship with the other parent. Further orders addressed physical discipline, international travel, passports, and ongoing therapeutic counselling for the children.

The property division involved the distribution of various assets and liabilities. The wife was declared the legal and beneficial owner of several properties, interests in a partnership, and shares in XX Pty Limited. The husband was ordered to assign his interests in certain trusts and a motor vehicle to the wife. The parties were to divide funds in a joint bank account and discharge a joint line of credit in specified proportions. The wife was to assign her interest in a Sydney property to the husband, and following this, the husband was to pay a significant sum to the wife in instalments. The parties were declared entitled to their respective superannuation interests. A property in Sydney CBD was to be sold with proceeds distributed in a specific order of priority, with the balance allocated between the L Superannuation Fund and the EJ Settlement Trust. The court also made orders regarding spouse maintenance, with the husband to pay a monthly sum to the wife for 24 months, and child support, with the husband to pay a weekly sum for D and G, subject to indexation and crediting against any administrative assessment. The husband also undertook to pay specific expenses for all three children, including school tuition, private health insurance, medical costs, and extra-curricular activities.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

  • Statutory Construction

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Cases Citing This Decision

3

MASOUD & MASOUD [2015] FamCA 903
Mullis & Quimby [2022] FedCFamC2F 1046
Melounis & Melounis [2022] FedCFamC2F 650
Cases Cited

6

Statutory Material Cited

3

Bevan & Bevan [2013] FamCAFC 116
Gray v O'Donnell [2009] NSWSC 259
Mitchell v Mitchell [2010] NSWSC 179