Weiss and Weiss
Case
•
[2014] FCCA 14
•6 February 2014
Details
AGLC
Case
Decision Date
Weiss and Weiss [2014] FCCA 14
[2014] FCCA 14
6 February 2014
CaseChat Overview and Summary
This matter concerned orders made by Judge McGuire regarding the parenting arrangements and property settlement for the parties, Mr and Ms Weiss. The dispute centred on the division of assets and the time the parties' child, X, would spend with each parent.
The court was required to determine the terms of equal shared parental responsibility for X, including the specific living arrangements and holiday schedules. Additionally, the court had to make orders for the division of the parties' property, including the payment of a lump sum, the transfer of various assets such as vehicles and bank accounts, and the allocation of superannuation entitlements. The court also addressed the need for the parties to attend counselling and for Ms Weiss to undergo psychiatric therapy.
In relation to parenting, the court ordered equal shared parental responsibility for X, with X to live with the husband from Sunday to Wednesday and with the wife from Wednesday to Sunday each week. Specific provisions were made for the wife's travel with X to Perth during summer holidays and for one further extended period annually, with notice requirements. The court also ordered that X spend Christmas Eve to Christmas Day with the husband in alternate years. For property, the husband was ordered to pay the wife a lump sum of $12,150 and transfer certain personalty, bank accounts, a Holden vehicle, and the wife's superannuation to her. The wife was ordered to transfer a property in Victoria, other vehicles, bank accounts, and the husband's superannuation to the husband. The court also made specific orders regarding the division of the husband's superannuation trust, allocating a base amount to the wife as a non-member spouse. Both parties were ordered to be solely responsible for liabilities incurred since separation and those attaching to assets they retained. The parties were also directed to attend conflict dispute intervention counselling and Ms Weiss was ordered to attend psychiatric therapy.
The court was required to determine the terms of equal shared parental responsibility for X, including the specific living arrangements and holiday schedules. Additionally, the court had to make orders for the division of the parties' property, including the payment of a lump sum, the transfer of various assets such as vehicles and bank accounts, and the allocation of superannuation entitlements. The court also addressed the need for the parties to attend counselling and for Ms Weiss to undergo psychiatric therapy.
In relation to parenting, the court ordered equal shared parental responsibility for X, with X to live with the husband from Sunday to Wednesday and with the wife from Wednesday to Sunday each week. Specific provisions were made for the wife's travel with X to Perth during summer holidays and for one further extended period annually, with notice requirements. The court also ordered that X spend Christmas Eve to Christmas Day with the husband in alternate years. For property, the husband was ordered to pay the wife a lump sum of $12,150 and transfer certain personalty, bank accounts, a Holden vehicle, and the wife's superannuation to her. The wife was ordered to transfer a property in Victoria, other vehicles, bank accounts, and the husband's superannuation to the husband. The court also made specific orders regarding the division of the husband's superannuation trust, allocating a base amount to the wife as a non-member spouse. Both parties were ordered to be solely responsible for liabilities incurred since separation and those attaching to assets they retained. The parties were also directed to attend conflict dispute intervention counselling and Ms Weiss was ordered to attend psychiatric therapy.
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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Statutory Construction
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Fiduciary Duty
Actions
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Citations
Weiss and Weiss [2014] FCCA 14
Most Recent Citation
Crawford v Steadmark Pty Ltd [2014] FCCA 0
Cases Cited
3
Statutory Material Cited
4
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[2012] FamCAFC 209
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[2012] HCA 52
Bevan & Bevan
[2013] FamCAFC 116