Narkis and Narkis (No 6)

Case

[2017] FamCA 226

13 April 2017


Details
AGLC Case Decision Date
Narkis and Narkis (No 6) [2017] FamCA 226 [2017] FamCA 226 13 April 2017

CaseChat Overview and Summary

In the matter of *Narkis and Narkis (No 6)*, Cronin J of the Family Court of Australia made orders concerning the division of property and costs between the parties. The dispute involved the distribution of real property located at O Street and Suburb N, as well as personal chattels and financial adjustments.

The court was required to determine the terms of sale for the properties at O Street and Suburb N, including the allocation of sale proceeds, the payment of associated costs, and the discharge of mortgages. Further issues included the transfer of interests in the O Street property, the disposition of personal chattels, and the wife's obligation to remove her belongings from a property at Q Street. The court also addressed the wife's potential failure to comply with certain orders and the implications for the sale of O Street. Finally, the court considered the payment of costs, including the husband's costs and the costs of the Independent Children's Lawyer.

Cronin J ordered that the wife pay a sum of $56,000 to the husband and provide a discharge of the mortgage over the O Street property by 30 June 2017, whereupon the husband would transfer his interest in that property to the wife. If the wife failed to comply, the husband would have sole occupation of O Street and would be responsible for its sale, with terms dictating his control over the selling agent, commission, and reserve price. The proceeds from the sale of O Street were to be applied first to sale costs, then to discharge the mortgage, and the balance divided according to the court's reasons. The husband was ordered to place the Suburb N properties on the market forthwith, with similar terms regarding the sale process and application of proceeds, including the payment of capital gains and land tax. The wife was also ordered to make available the husband's personal chattels and to remove her belongings from the Q Street property by a specified date. The court also made orders for the wife to pay the husband's costs and the Independent Children's Lawyer's costs.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Injunction

  • Res Judicata

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Cases Citing This Decision

3

Narkis & Narkis (No 3) [2019] FamCA 278
Narkis and Narkis [2018] FamCA 1083
Cases Cited

4

Statutory Material Cited

3

Stanford v Stanford [2012] HCA 52
Stanford v Stanford [2012] HCA 52
Omacini & Omacini [2005] FamCA 195