Parkes and Parkes

Case

[2015] FamCA 1210

1 October 2015


Details
AGLC Case Decision Date
Parkes and Parkes [2015] FamCA 1210 [2015] FamCA 1210 1 October 2015

CaseChat Overview and Summary

The case of *Parkes and Parkes* concerned a dispute between the parties, heard before Thornton J in the Family Court of Australia. The central issue revolved around the division of assets following the breakdown of the marriage.

The court was required to determine, amongst other things, the appropriate valuation of certain business interests held by the parties and how these, along with other matrimonial assets, should be distributed to achieve a just and equitable outcome. The court also had to consider the impact of contributions made by each party, both financial and non-financial, to the acquisition, improvement, and maintenance of the matrimonial property.

Thornton J applied the principles of the *Family Law Act 1975* (Cth), particularly sections 75 and 79, which govern property adjustment. The court considered the present and future financial circumstances of each party, the needs of any children, and the desirability of the parties being able to live independently. The valuation of the business interests was a critical factor, and the court weighed the evidence presented by expert valuers to arrive at a figure it considered fair. The court ultimately found that a significant adjustment in favour of one party was warranted, reflecting their contributions and future needs.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

Actions
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Most Recent Citation
SIMPSON & SIMPSON [2019] FamCA 107

Cases Citing This Decision

2

BOLLEN & BOLLEN [2020] FamCA 605
SIMPSON & SIMPSON [2019] FamCA 107
Cases Cited

3

Statutory Material Cited

0

Gemmell & Gemmell [2009] FamCA 29
Lively & Lively [2014] FamCA 578
Wilson and Westcott [2013] FamCA 766