Tansel & Dellos (No 2)

Case

[2021] FCCA 704

16 April 2021


Details
AGLC Case Decision Date
Tansel & Dellos (No 2) [2021] FCCA 704 [2021] FCCA 704 16 April 2021

CaseChat Overview and Summary

This matter concerned parenting and property division between Ms Tansel (the Applicant Wife) and Mr Dellos (the Respondent Husband). The dispute involved the future care arrangements for the parties' two children, X and Y, and the division of their assets, including the sale of a property. The orders were made by Her Honour Judge C.E. Kirton QC.

The court was required to determine the appropriate parenting orders for the children, including who would have parental responsibility and the specific arrangements for the children spending time with each parent. Additionally, the court needed to make orders for the sale of the parties' jointly owned property at G Street, Suburb H, and to determine the division of the proceeds of sale and other personal property between the parties.

Her Honour Judge Kirton QC discharged all prior parenting orders and made new orders granting the Wife sole parental responsibility for the children, with specific provisions for the Husband to be kept informed and consulted on significant long-term decisions. The court detailed extensive arrangements for the children's time with the Husband during term time, school holidays, and special occasions, as well as provisions for communication, changeovers, and information sharing. In relation to property, the court ordered the immediate sale of the G Street, Suburb H property, with the Wife to control the sale process due to the Husband's previous non-compliance with orders. The court outlined the application of the sale proceeds, including a specific sum to the Wife and a 50% share of any amount exceeding $615,000. The division of other personal property and superannuation entitlements was also specified, with each party retaining certain assets and being solely responsible for associated liabilities. The court noted that these orders were intended to finally determine the financial relationship between the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Breach

  • Injunction

  • Stay of Proceedings

  • Procedural Fairness

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Cases Citing This Decision

1

Tansel & Dellos (No 3) [2021] FCCA 1740
Cases Cited

1

Statutory Material Cited

0

TANSEL & DELLOS [2020] FCCA 2367