Picken and Picken (No. 4)

Case

[2008] FamCA 814

2 October 2008


Details
AGLC Case Decision Date
Picken and Picken (No. 4) [2008] FamCA 814 [2008] FamCA 814 2 October 2008

CaseChat Overview and Summary

In the matter of *Picken and Picken (No. 4)*, Young J of the Family Court of Australia considered applications relating to property settlement and the occupation of a property following earlier orders. The proceedings involved the husband, the wife, and an intervenor, with the Independent Children's Lawyer also having a role.

The court was required to determine the future of the matrimonial home, including arrangements for its sale and the wife's occupation, as well as the removal of furniture and chattels. Further, the court needed to address the application of the intervenor and the attendance of the Independent Children's Lawyer at future hearings.

Young J ordered that previous orders regarding property and financial matters remain in force, while suspending a specific paragraph concerning the husband's access pending an adjourned date. The wife was directed to discuss vacating the property or alternative accommodation with the Trustees. The Trustees were also ordered to arrange for an updated appraisal and condition report of the property to prepare it for sale. Provisions were made for the removal of furniture and chattels by the husband or his family by a specified date. The intervenor's application was listed for a future hearing, and the Independent Children's Lawyer's attendance was excused for that hearing, as the focus would be on property, financial, and enforcement matters, not children's issues. Costs for the intervenor's solicitor were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Procedural Fairness

  • Remedies

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