Offerman and Offerman

Case

[2018] FCCA 3805

28 November 2018


Details
AGLC Case Decision Date
Offerman and Offerman [2018] FCCA 3805 [2018] FCCA 3805 28 November 2018

CaseChat Overview and Summary

In the matter of *Offerman and Offerman*, heard by Judge Young, the dispute concerned the division of property between the husband and wife. The court was required to make orders regarding the disposition of two properties, Property A and Property B, as well as the husband's business and outstanding financial obligations.

The court determined the terms by which the husband would vacate Property A, requiring him to leave it in good repair and clean condition, and granting the wife sole interest in that property. The husband was also ordered to clear all mortgage arrears on Property A prior to vacating. Subsequently, the wife was to transfer her interest in Property B to the husband.

In the event the husband failed to comply with the orders concerning Property A, the court stipulated that Property B would be listed for auction. The wife would nominate three auctioneers, from whom the husband would select one to set the reserve price. The net proceeds of this sale were to be applied first to any mortgage arrears on Property A, then to arrears owed to the Child Support Agency, with any remaining balance to be paid to the husband. The husband was to retain his business, and each party was to keep other property in their possession. All outstanding applications were dismissed.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Jurisdiction

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