Velk and Velk
Case
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[2013] FCCA 1094
•15 August 2013
Details
AGLC
Case
Decision Date
VELK & VELK
[2013] FCCA 1094
[2013] FCCA 1094
15 August 2013
CaseChat Overview and Summary
The case of *Velk and Velk* concerned parenting and property orders made by Judge Phipps. The dispute involved the arrangements for the child of the marriage, X, born in 2004, and the division of the parties' assets.
The court was required to determine the specific parenting arrangements for the child, including the extent of time the husband would spend with X, communication protocols, and arrangements for holidays and special occasions. Additionally, the court needed to make orders regarding the division of property, including the payment of a sum of money, the discharge of mortgages, the transfer of real estate, the sale of properties, and the division of superannuation interests.
Judge Phipps discharged previous parenting orders, save for those restraining the child's removal from Australia and a Watch List Order. The court ordered equal shared parental responsibility, with the child to live with the wife. Detailed provisions were made for the husband's time with the child during school terms and holidays, including specific communication arrangements and periods where the husband's time would be suspended. In relation to property, the husband was ordered to pay a significant sum to the wife and discharge mortgages on two properties within 90 days. Contemporaneously, the wife was to transfer her interest in these properties to the husband. If the husband failed to make the payment, the properties were to be listed for sale, with proceeds applied first to sale costs and mortgages, and the remainder divided 65% to the wife and 35% to the husband. Further orders addressed the division of vehicles and superannuation, with a base amount allocated to the wife from the husband's superannuation interest. The court also made orders regarding other property, liabilities, and the severance of joint tenancies.
The court was required to determine the specific parenting arrangements for the child, including the extent of time the husband would spend with X, communication protocols, and arrangements for holidays and special occasions. Additionally, the court needed to make orders regarding the division of property, including the payment of a sum of money, the discharge of mortgages, the transfer of real estate, the sale of properties, and the division of superannuation interests.
Judge Phipps discharged previous parenting orders, save for those restraining the child's removal from Australia and a Watch List Order. The court ordered equal shared parental responsibility, with the child to live with the wife. Detailed provisions were made for the husband's time with the child during school terms and holidays, including specific communication arrangements and periods where the husband's time would be suspended. In relation to property, the husband was ordered to pay a significant sum to the wife and discharge mortgages on two properties within 90 days. Contemporaneously, the wife was to transfer her interest in these properties to the husband. If the husband failed to make the payment, the properties were to be listed for sale, with proceeds applied first to sale costs and mortgages, and the remainder divided 65% to the wife and 35% to the husband. Further orders addressed the division of vehicles and superannuation, with a base amount allocated to the wife from the husband's superannuation interest. The court also made orders regarding other property, liabilities, and the severance of joint tenancies.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Civil Procedure
Legal Concepts
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Costs
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Damages
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Injunction
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Jurisdiction
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Remedies
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Statutory Construction
Actions
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Citations
VELK & VELK
[2013] FCCA 1094
Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
3
Stanford v Stanford
[2012] HCA 52
Hickey & Hickey
[2003] FamCA 395
C & C
[2005] FamCA 429