Pardo and Silve
Case
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[2012] FamCA 276
•23 April 2012
Details
AGLC
Case
Decision Date
Pardo and Silve [2012] FamCA 276
[2012] FamCA 276
23 April 2012
CaseChat Overview and Summary
In the matter of *Pardo and Silve*, heard before Watts J, the dispute concerned the disposition of funds held by a third party, Gayle Meredith & Associates, which amounted to approximately $85,000. These funds were intended to be used for the private school fees and associated expenses of a child named G.
The central legal issue before the court was how to best apply the available funds to meet G's educational needs, specifically her private secondary schooling, and to determine the residual distribution of any remaining monies upon the completion of her education. The court was also required to consider the responsibility for any costs exceeding the available funds.
Watts J ordered that the previous Order 14 of 2 March 2011 be discharged. The court then directed that the monies held by Gayle Meredith & Associates be paid to J School to cover G's private school fees and associated expenses until the completion of her secondary education. Upon completion, any remaining funds were to be paid by J School, with 60% to the husband and 40% to the wife. The husband was further ordered to be responsible for any costs associated with G’s education that exceeded the funds available.
The central legal issue before the court was how to best apply the available funds to meet G's educational needs, specifically her private secondary schooling, and to determine the residual distribution of any remaining monies upon the completion of her education. The court was also required to consider the responsibility for any costs exceeding the available funds.
Watts J ordered that the previous Order 14 of 2 March 2011 be discharged. The court then directed that the monies held by Gayle Meredith & Associates be paid to J School to cover G's private school fees and associated expenses until the completion of her secondary education. Upon completion, any remaining funds were to be paid by J School, with 60% to the husband and 40% to the wife. The husband was further ordered to be responsible for any costs associated with G’s education that exceeded the funds available.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Remedies
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Injunction
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Costs
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Jurisdiction
Actions
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Citations
Pardo and Silve [2012] FamCA 276
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