PARKES & PARKES

Case

[2014] FCCA 102

24 January 2014


Details
AGLC Case Decision Date
PARKES & PARKES [2014] FCCA 102 [2014] FCCA 102 24 January 2014

CaseChat Overview and Summary

In the matter of *Parkes & Parkes*, Judge Phipps of the Federal Circuit Court of Australia considered parenting and property disputes between a husband and wife. The proceedings involved orders concerning the children, [X] and [Y], and the division of their assets.

The court was required to determine arrangements for the children's living arrangements, time spent with each parent, and communication. Additionally, the court had to consider the validity of a binding financial agreement between the parties and make orders regarding the valuation of certain properties and a business.

The court ordered that previous parenting orders be discharged and that the husband and wife have equal shared parental responsibility for the children, with the children to live with the wife. Specific arrangements were detailed for the children's time with the husband, including weekday and weekend contact, communication, and provisions for birthdays and public holidays. The court also made orders for the changeover of the children between parents and directed the parties to attend mediation to discuss future parenting arrangements. Regarding property, the court set aside the binding financial agreement dated 13 November 2008 and ordered the parties to attend a conciliation conference. Further orders were made for the parties to obtain sworn valuations of specified properties and a business unless they reached a written agreement on their market value by a set date.
Details

Areas of Law

  • Family Law

  • Contract Law

  • Equity & Trusts

Legal Concepts

  • Appeal

  • Breach

  • Remedies

  • Res Judicata

Actions
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Most Recent Citation
Varma v Varma [2010] NSWSC 786

Cases Citing This Decision

14

COLLAGIO & COLLINS [2015] FamCA 263
COLLAGIO & COLLINS [2015] FamCA 263
COLLAGIO & COLLINS [2015] FamCA 263
Cases Cited

3

Statutory Material Cited

2

Pascot & Pascot [2011] FamCA 945
Louth v Diprose [1992] HCA 61
Tsarouhi and Tsarouhi [2009] FMCAfam 126