Stanton & Brook

Case

[2012] FamCA 230

17 April 2012


Details
AGLC Case Decision Date
Stanton & Brook [2012] FamCA 230 [2012] FamCA 230 17 April 2012

CaseChat Overview and Summary

In the matter of Stanton & Brook, Watts J considered an application by the de facto husband seeking orders that the de facto wife vacate a property, provide security codes, and divide farm house contents. The de facto wife sought exclusive occupation of the residence on the property.

The court was required to determine whether to grant the de facto husband's application for the de facto wife to vacate the property and divide its contents, and conversely, whether to grant the de facto wife exclusive occupation of the residence. Further issues involved the provision of interim property and maintenance orders, including payments for rental income, periodic maintenance, medical insurance, and various property and horse-related expenses.

Watts J dismissed the de facto husband's application. The court made interim orders granting the de facto wife exclusive occupation of the residence on Lot 2 W Street, Town R. The de facto husband was ordered to pay the de facto wife $400,000 by way of interim property settlement in instalments, subject to conditions related to the sale of the properties and the finalisation of orders. Additionally, the de facto husband was ordered to ensure the de facto wife continued to receive rental income from the property and to pay periodic maintenance, including medical insurance premiums and various expenses related to the property and horses. The treatment of these maintenance payments was reserved for the trial judge.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Jurisdiction

Actions
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Cases Citing This Decision

4

FOSSE & SALVAGE [2019] FamCA 385
GOGGIN & WILEY [2017] FamCA 1072
Winters and Winters [2013] FamCA 459
Cases Cited

0

Statutory Material Cited

1