SUTHERLAND & SUTHERLAND
Case
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[2015] FCCA 984
•8 May 2015
Details
AGLC
Case
Decision Date
Sutherland and Sutherland [2015] FCCA 984
[2015] FCCA 984
8 May 2015
CaseChat Overview and Summary
This matter concerned property and children's orders made by Judge Brewster. The dispute involved the division of property, including the proceeds of sale of a property, motor vehicles, a boat, and chattels, as well as arrangements for the parties' three children. A significant aspect of the property division involved the husband's interest in a superannuation fund.
The court was required to determine how the net proceeds of sale of Property L should be divided between the husband and wife, and to make orders regarding the ownership of specific assets including a Kia motor vehicle, a boat, and associated trailers. Furthermore, the court needed to establish orders for the children, including the allocation of parental responsibility, where the children would live, and the nature and timing of contact arrangements between the children and their father, including provisions for school holidays and public holidays, as well as communication methods.
In relation to property, the court ordered that the husband receive 25% of the net proceeds of sale of Property L, with the balance to the wife. The husband was also to receive the boat and trailers, while the wife was to retain the Kia motor vehicle. The court also made orders concerning the husband's superannuation fund, entitling the wife to 60% of any splittable payment from the fund. For the children, the court ordered equal shared parental responsibility, with the children to live with the mother. Specific contact arrangements were detailed for the father, varying based on school terms, school holidays, and the mother's relocation, with provisions for handovers, communication, and the exchange of information regarding the children's schooling and health.
The court was required to determine how the net proceeds of sale of Property L should be divided between the husband and wife, and to make orders regarding the ownership of specific assets including a Kia motor vehicle, a boat, and associated trailers. Furthermore, the court needed to establish orders for the children, including the allocation of parental responsibility, where the children would live, and the nature and timing of contact arrangements between the children and their father, including provisions for school holidays and public holidays, as well as communication methods.
In relation to property, the court ordered that the husband receive 25% of the net proceeds of sale of Property L, with the balance to the wife. The husband was also to receive the boat and trailers, while the wife was to retain the Kia motor vehicle. The court also made orders concerning the husband's superannuation fund, entitling the wife to 60% of any splittable payment from the fund. For the children, the court ordered equal shared parental responsibility, with the children to live with the mother. Specific contact arrangements were detailed for the father, varying based on school terms, school holidays, and the mother's relocation, with provisions for handovers, communication, and the exchange of information regarding the children's schooling and health.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Most Recent Citation
Kerr and Kennett (No 2) [2019] FamCA 886
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Statutory Material Cited
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