Wacket and Wacket

Case

[2010] FamCA 154

3 March 2010


Details
AGLC Case Decision Date
Wacket and Wacket [2010] FamCA 154 [2010] FamCA 154 3 March 2010

CaseChat Overview and Summary

This matter concerned orders made by Judicial Registrar Loughnan between a husband and wife regarding the division of their property and related financial matters. The central dispute revolved around the sale of the former matrimonial home and the distribution of its proceeds, along with arrangements for other assets, spousal maintenance, child support, and superannuation interests.

The court was required to determine the specific steps and documentation necessary for the sale of the former matrimonial home, including the appointment of an agent, marketing method, and the terms of the sale contract. Further issues included the wife's vacating the property, the priority of disbursement of sale proceeds, the transfer of a motor vehicle, the division of household contents, and the sharing of family photographs and videos. The court also addressed spousal maintenance obligations for the husband, the wife's entitlement to a portion of the husband's superannuation, and a departure from the administrative assessment of child support to cover the children's private school fees and health insurance.

The Judicial Registrar ordered the sale of the former matrimonial home by private treaty, with specific provisions for agent appointment and contract terms. If not sold within three months, it was to be auctioned. The proceeds were to be applied first to sale expenses, then to discharge mortgages, with the remainder split 85% to the wife and 15% to the husband. The wife was ordered to vacate the property upon settlement. The husband was to transfer his interest in a Ford Territory vehicle to the wife. Specific items of furniture and contents were to be collected by the husband from the former matrimonial home, with one item being subject to agreement. Family photographs and videos were to be made available to both parties, with shared copying costs. The husband was ordered to pay spousal maintenance for a specified period and amount, and a portion of his superannuation was to be transferred to the wife. The husband was also ordered to pay all costs associated with the children's private schooling and health insurance, which was to be credited against his child support assessment. Each party was to retain other assets in their possession.
Details

Areas of Law

  • Family Law

  • Property Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Remedies

  • Costs

Actions
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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

B & B (No.2) [2000] FamCA 734