NEW & GILPIN

Case

[2013] FCCA 987

27 August 2013


Details
AGLC Case Decision Date
NEW & GILPIN [2013] FCCA 987 [2013] FCCA 987 27 August 2013

CaseChat Overview and Summary

This matter concerned parenting and property orders made by Judge McGuire in the Federal Circuit Court of Australia. The parties, Mr New (the applicant husband) and Ms Gilpin (the respondent wife), sought final orders in relation to their child, X, and the division of their property.

The court was required to determine appropriate parenting arrangements for X, including the allocation of parental responsibility, living arrangements, and time spent with each parent. Additionally, the court had to determine the division of the parties' property, including the former matrimonial home, various assets and chattels, and superannuation interests.

In relation to parenting, the court ordered equal shared parental responsibility for X, with X to live with the wife. Specific time arrangements were detailed for X to spend with the husband, including weekend time, mid-week time, and periods during school holidays, with provisions for Christmas and other significant days. The court also made orders restraining the husband from consuming illicit drugs during X's time with him and from exposing X to individuals under the influence of illicit drugs.

For property, the court ordered the wife to transfer her interest in the former matrimonial home and certain chattels to the husband, who was to pay the wife a lump sum of $165,337. The husband was to transfer his interest in other chattels and bank accounts to the wife. The court also made orders for the splitting of the husband's superannuation interest, allocating a base amount to the wife and providing for future splittable payments. Each party was made solely responsible for liabilities attaching to the assets they retained.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

4

G & C [2006] FamCA 994