Somers and Somers (No 2)
Case
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[2017] FamCA 724
•15 September 2017
Details
AGLC
Case
Decision Date
Somers and Somers (No 2) [2017] FamCA 724
[2017] FamCA 724
15 September 2017
CaseChat Overview and Summary
In *Somers and Somers (No 2)*, Bennett J of the Family Court of Australia made orders concerning the property interests of the parties following their separation. The dispute involved the division of assets, including real estate and superannuation, and the payment of costs.
The court was required to determine the specific terms of the property settlement, including the valuation and division of assets, the method of sale for a jointly owned property, and the allocation of proceeds from that sale. Further issues included the division of superannuation interests and the payment of certain costs and expenses.
Bennett J ordered that the wife pay a sum of money to the husband, and contemporaneously, the husband transfer his interest in a property to the wife. In the event of default in payment, the property was to be sold, with detailed provisions governing the sale process, including listing, agent appointment, reserve price, acceptance of offers, and division of sale proceeds. The court also made orders regarding the division of superannuation interests pursuant to the *Family Law Act 1975*, specifying a base amount to be transferred to the wife. Other orders addressed the registration of a vehicle, the entitlement to other property, and the severance of joint tenancies, with liberty to apply reserved.
The court was required to determine the specific terms of the property settlement, including the valuation and division of assets, the method of sale for a jointly owned property, and the allocation of proceeds from that sale. Further issues included the division of superannuation interests and the payment of certain costs and expenses.
Bennett J ordered that the wife pay a sum of money to the husband, and contemporaneously, the husband transfer his interest in a property to the wife. In the event of default in payment, the property was to be sold, with detailed provisions governing the sale process, including listing, agent appointment, reserve price, acceptance of offers, and division of sale proceeds. The court also made orders regarding the division of superannuation interests pursuant to the *Family Law Act 1975*, specifying a base amount to be transferred to the wife. Other orders addressed the registration of a vehicle, the entitlement to other property, and the severance of joint tenancies, with liberty to apply reserved.
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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Remedies
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Jurisdiction
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Injunction
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Procedural Fairness
Actions
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
SOMERS & SOMERS
[2017] FamCA 713
Stanford v Stanford
[2012] HCA 52
Kennon & Kennon
[1997] FamCA 27