Sanderson and Sanderson (No 2)
Case
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[2017] FamCA 231
•13 April 2017
Details
AGLC
Case
Decision Date
Sanderson and Sanderson (No 2) [2017] FamCA 231
[2017] FamCA 231
13 April 2017
CaseChat Overview and Summary
In *Sanderson and Sanderson (No 2)*, Rees J considered applications by both the husband and wife concerning property settlement, child maintenance, and child support. The wife sought adult step-child maintenance and a departure from the child support assessment, while the husband sought interim property settlement orders regarding joint funds in a controlled money account. The parties also disputed the management of their jointly owned company.
The court was required to determine whether to grant the husband's application for interim property settlement, the wife's application for adult step-child maintenance, and her application for a departure from the child support assessment. Additionally, the court had to resolve the dispute over the management of the parties' company, APL.
Rees J dismissed the husband's application for interim property settlement, finding it impossible to estimate the property pool in the circumstances. The wife's application for adult step-child maintenance was also dismissed due to a lack of evidence regarding the considerations under sections 66H, 66L, and 66M of the *Family Law Act 1975* (Cth). While the wife's application for a child support departure was initially dismissed in relation to periodic child support, the court found that special circumstances warranted a departure concerning the child's school fees, deeming it just and equitable to make such an order. Regarding the company, APL, the court determined that neither party was an appropriate person to manage it and ordered the appointment of a Receiver/Manager, with the wife to nominate three candidates and the husband to select one.
The court was required to determine whether to grant the husband's application for interim property settlement, the wife's application for adult step-child maintenance, and her application for a departure from the child support assessment. Additionally, the court had to resolve the dispute over the management of the parties' company, APL.
Rees J dismissed the husband's application for interim property settlement, finding it impossible to estimate the property pool in the circumstances. The wife's application for adult step-child maintenance was also dismissed due to a lack of evidence regarding the considerations under sections 66H, 66L, and 66M of the *Family Law Act 1975* (Cth). While the wife's application for a child support departure was initially dismissed in relation to periodic child support, the court found that special circumstances warranted a departure concerning the child's school fees, deeming it just and equitable to make such an order. Regarding the company, APL, the court determined that neither party was an appropriate person to manage it and ordered the appointment of a Receiver/Manager, with the wife to nominate three candidates and the husband to select one.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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Remedies
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Jurisdiction
Actions
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Most Recent Citation
Sanderson & Sanderson [2021] FamCA 342
Cases Cited
0
Statutory Material Cited
6