Ordway and Ordway
Case
•
[2012] FMCAfam 624
•13 July 2012
Details
AGLC
Case
Decision Date
ORDWAY & ORDWAY
[2012] FMCAfam 624
[2012] FMCAfam 624
13 July 2012
CaseChat Overview and Summary
In the case, the wife, Ordway, sought leave to institute and proceed with an application for property settlement under Section 44(3) of the Family Law Act 1975, with the husband, Ordway, opposing her application. The wife claimed that the husband had failed to disclose his assets and income, and that she was entitled to a fair and equitable share of the property. The husband argued that the wife had failed to provide evidence of her contributions to the property and that he had already provided all the information required by the court.
The court was required to determine whether the wife had made out a case for leave to institute and proceed with her application for property settlement and whether the husband had failed to disclose his assets and income. The court also had to determine whether the wife was entitled to a fair and equitable share of the property and whether the husband had provided all the information required by the court.
The court found that the wife had made out a case for leave to institute and proceed with her application for property settlement and that the husband had failed to disclose his assets and income. The court held that the wife was entitled to a fair and equitable share of the property and that the husband had not provided all the information required by the court. The court ordered that the wife have leave to institute and proceed with her application for property settlement, and that the husband pay the wife the sum of $228,857 within six months of the date of the orders. The court also ordered that the husband transfer and assign his interest in the property to the wife upon receipt of the payment, and that the parties take such steps and do all such actions as are reasonably required to sell the property if the wife failed to pay the funds due and owing.
In summary, the court granted the wife leave to institute and proceed with her application for property settlement and ordered the husband to pay her a sum of money and transfer his interest in the property to her. The court also ordered that the parties sell the property and disburse the net proceeds of sale if the wife failed to pay the funds due and owing.
The court was required to determine whether the wife had made out a case for leave to institute and proceed with her application for property settlement and whether the husband had failed to disclose his assets and income. The court also had to determine whether the wife was entitled to a fair and equitable share of the property and whether the husband had provided all the information required by the court.
The court found that the wife had made out a case for leave to institute and proceed with her application for property settlement and that the husband had failed to disclose his assets and income. The court held that the wife was entitled to a fair and equitable share of the property and that the husband had not provided all the information required by the court. The court ordered that the wife have leave to institute and proceed with her application for property settlement, and that the husband pay the wife the sum of $228,857 within six months of the date of the orders. The court also ordered that the husband transfer and assign his interest in the property to the wife upon receipt of the payment, and that the parties take such steps and do all such actions as are reasonably required to sell the property if the wife failed to pay the funds due and owing.
In summary, the court granted the wife leave to institute and proceed with her application for property settlement and ordered the husband to pay her a sum of money and transfer his interest in the property to her. The court also ordered that the parties sell the property and disburse the net proceeds of sale if the wife failed to pay the funds due and owing.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Property Settlement
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Divorce
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Family Law Act 1975
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Husband
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Wife
Actions
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Citations
ORDWAY & ORDWAY
[2012] FMCAfam 624
Most Recent Citation
Thornton and Peach [2016] FCCA 2432
Cases Citing This Decision
4
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[2016] FCCA 2432
Holden & Holden
[2015] FCCA 788
Thornton and Peach
[2016] FCCA 2432
Cases Cited
7
Statutory Material Cited
1
Oxenham & Oxenham
[2009] FamCAFC 167
Tamaniego & Tamaniego
[2010] FamCAFC 254
Gallo v Dawson
[1990] HCA 30