TOBEY & REZEK
Case
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[2015] FCCA 1504
•5 June 2015
Details
AGLC
Case
Decision Date
Tobey and Rezek [2015] FCCA 1504
[2015] FCCA 1504
5 June 2015
CaseChat Overview and Summary
The case of *Tobey & Rezek* concerned parenting and property adjustment matters heard by Judge Jarrett. The dispute involved the arrangements for a child's care in the event of the primary carer's illness, and the assessment of contributions to the parties' property pool.
The court was required to determine what parenting orders should be made to address the situation where the primary carer, the respondent, might become temporarily too ill to care for the child. Additionally, the court needed to assess the parties' contributions for the purposes of property adjustment.
Judge Jarrett made orders that, in addition to existing orders, the respondent was to continue under the care of her treating psychiatrist. Crucially, if the treating psychiatrist determined the respondent was temporarily too ill to care for the child, the child was to live with Ms C until the respondent was deemed well enough to resume care. During any such period, the child's time with the applicant was to continue as per existing orders. The court also ordered that the respondent was entitled to any funds held by the Legal Aid Commission ACT in their joint or individual accounts, and that the applicant pay the respondent a sum of $30,374.00 within 60 days.
The court was required to determine what parenting orders should be made to address the situation where the primary carer, the respondent, might become temporarily too ill to care for the child. Additionally, the court needed to assess the parties' contributions for the purposes of property adjustment.
Judge Jarrett made orders that, in addition to existing orders, the respondent was to continue under the care of her treating psychiatrist. Crucially, if the treating psychiatrist determined the respondent was temporarily too ill to care for the child, the child was to live with Ms C until the respondent was deemed well enough to resume care. During any such period, the child's time with the applicant was to continue as per existing orders. The court also ordered that the respondent was entitled to any funds held by the Legal Aid Commission ACT in their joint or individual accounts, and that the applicant pay the respondent a sum of $30,374.00 within 60 days.
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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Remedies
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Citations
Tobey and Rezek [2015] FCCA 1504
Cases Citing This Decision
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Statutory Material Cited
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