Meissner v Lindsay

Case

[2019] NSWSC 82

12 February 2019


Details
AGLC Case Decision Date
Meissner v Lindsay [2019] NSWSC 82 [2019] NSWSC 82 12 February 2019

CaseChat Overview and Summary

The parties in this case were Meissner and Lindsay, who had been married and divorced. Meissner was seeking an order under the Family Law Act for property settlement from Lindsay. The dispute was over the amount of the property settlement that Meissner was entitled to receive. The case was heard in the Family Court of Australia. The court had to decide whether Meissner was entitled to an increased property settlement from Lindsay, and if so, how much. The court also had to consider the freedom of testamentary disposition and the criminal history of the parties. The court determined that Meissner was entitled to an increased property settlement from Lindsay, and that the size of the estate should be considered in making this decision. The court found that the criminal history of the parties was relevant to the decision but did not outweigh the need for fairness in the property settlement. The final orders of the court were that Meissner was entitled to an increased property settlement from Lindsay, taking into account the size of the estate and other relevant factors.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Family Provision

  • Freedom of Testation

  • Property Settlement

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Cases Citing This Decision

0

Cases Cited

10

Statutory Material Cited

1

Lodin v Lodin [2017] NSWCA 327
Lodin v Lodin [2017] NSWCA 327
Steinmetz v Shannon [2018] NSWSC 1090