Tyers and Tyers (No.2)

Case

[2017] FCCA 3039

12 December 2017


Details
AGLC Case Decision Date
Tyers and Tyers (No.2) [2017] FCCA 3039 [2017] FCCA 3039 12 December 2017

CaseChat Overview and Summary

This matter concerned parenting arrangements for two children, [X] and [Y], and property division between the parents, the mother and the father. The proceedings were before Judge Newbrun.

The court was required to determine the primary residence of the children, the allocation of parental responsibility, and the specific terms of the children's time with each parent. Additionally, the court had to resolve the division of various assets, including real property (Property A and Property B), superannuation entitlements, personalty, and bank accounts, and to make orders regarding a financial payment between the parties.

The court ordered that the children live with the mother and that she have sole parental responsibility, with a requirement to consult the father in writing on major long-term decisions. Detailed provisions were made for the children's time with the father, including specific arrangements for school terms, school holidays, and public holidays, as well as communication protocols. The court also made orders for the division of property, declaring each party the sole owner of certain assets and superannuation entitlements, and ordering the wife to pay a sum of $7,522 to the husband. Provisions were included for the collection of the husband's personal items and for the sale of Property A in the event of default in payment. The Registrar of the Court was appointed to execute documents if necessary.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

2

Fields & Smith [2015] FamCAFC 57
Dickons & Dickons [2012] FamCAFC 154
Norbis v Norbis [1986] HCA 17