Sardi and Sardi
Case
•
[2018] FCCA 2394
•30 August 2018
Details
AGLC
Case
Decision Date
Sardi and Sardi [2018] FCCA 2394
[2018] FCCA 2394
30 August 2018
CaseChat Overview and Summary
In the matter of Sardi and Sardi, Judge Neville made orders concerning the division of property and financial resources between the parties. The dispute involved the division of various assets, including real estate, superannuation, and company shares, as well as the allocation of liabilities and the payment of costs.
The court was required to determine the appropriate division of the parties' non-superannuation pool of assets and liabilities, the specific entitlements and obligations regarding two properties (Property A and Property B), the treatment of the parties' shareholding in Company A, and the division of their superannuation interests. Additionally, the court needed to address the payment of children's school fees and the costs of the proceedings.
Judge Neville ordered that the nett non-superannuation pool be divided with the Wife receiving 55% and the Husband 45%. The parties were to transfer their respective interests in Property A and Property B to each other, with associated mortgage discharges and indemnities. The Husband was ordered to pay the Wife a sum of $87,400 upon the transfer of Property B. The parties' shareholding in Company A was to be sold, with the nett proceeds divided equally. The superannuation pool was to be divided equally, with the Husband to pay $464,303.00 from his superannuation fund to the Wife, with corresponding provisions under section 90MT(1)(a) of the *Family Law Act 1975*. Each party was to retain other property in their possession, and absent agreement, they were to share children's school fees equally. The Husband was ordered to pay the Wife's costs in relation to a specific application.
The court was required to determine the appropriate division of the parties' non-superannuation pool of assets and liabilities, the specific entitlements and obligations regarding two properties (Property A and Property B), the treatment of the parties' shareholding in Company A, and the division of their superannuation interests. Additionally, the court needed to address the payment of children's school fees and the costs of the proceedings.
Judge Neville ordered that the nett non-superannuation pool be divided with the Wife receiving 55% and the Husband 45%. The parties were to transfer their respective interests in Property A and Property B to each other, with associated mortgage discharges and indemnities. The Husband was ordered to pay the Wife a sum of $87,400 upon the transfer of Property B. The parties' shareholding in Company A was to be sold, with the nett proceeds divided equally. The superannuation pool was to be divided equally, with the Husband to pay $464,303.00 from his superannuation fund to the Wife, with corresponding provisions under section 90MT(1)(a) of the *Family Law Act 1975*. Each party was to retain other property in their possession, and absent agreement, they were to share children's school fees equally. The Husband was ordered to pay the Wife's costs in relation to a specific application.
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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Costs
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Remedies
Actions
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Citations
Sardi and Sardi [2018] FCCA 2394
Most Recent Citation
MALVARD & CAUDLE [2020] FCCA 364
Cases Cited
5
Statutory Material Cited
2
Norbis v Norbis
[1986] HCA 17
Norbis v Norbis
[1986] HCA 17
Lovine & Connor and Anor
[2012] FamCAFC 168