Wentner and Rater
Case
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[2010] FamCA 1188
•20 December 2010
Details
AGLC
Case
Decision Date
Wentner and Rater [2010] FamCA 1188
[2010] FamCA 1188
20 December 2010
CaseChat Overview and Summary
The matter before Justice Cronin concerned a dispute between a husband and wife, likely in the context of family law proceedings, involving financial settlements and the removal of caveats and mortgage responsibilities from jointly owned properties. The specific properties mentioned were located at B Street and L Street.
The court was required to determine the terms of the financial settlement between the parties, including the payment of a sum of money by the wife to the husband. Furthermore, the court needed to address the removal of caveats lodged by both parties on different properties and the consequent removal of each party as a mortgagor from the respective loans secured against those properties.
Justice Cronin ordered that the wife pay $80,000 to the husband by a specified date. Contemporaneously with this payment, the husband was to withdraw his caveat on the B Street property at his expense, and the wife was to withdraw her caveat on the L Street property at her expense. Additionally, the husband was to arrange for the wife's removal as a mortgagor from the L Street property's mortgage, and the wife was to arrange for the husband's removal as a mortgagor from the B Street property's mortgage. The court also ordered the dismissal of the husband's application filed on 30 July 2010 and the wife's response filed on 15 January 2010, and that any subpoenaed material be returned. Provisions were made for parties to make written submissions regarding costs.
The court was required to determine the terms of the financial settlement between the parties, including the payment of a sum of money by the wife to the husband. Furthermore, the court needed to address the removal of caveats lodged by both parties on different properties and the consequent removal of each party as a mortgagor from the respective loans secured against those properties.
Justice Cronin ordered that the wife pay $80,000 to the husband by a specified date. Contemporaneously with this payment, the husband was to withdraw his caveat on the B Street property at his expense, and the wife was to withdraw her caveat on the L Street property at her expense. Additionally, the husband was to arrange for the wife's removal as a mortgagor from the L Street property's mortgage, and the wife was to arrange for the husband's removal as a mortgagor from the B Street property's mortgage. The court also ordered the dismissal of the husband's application filed on 30 July 2010 and the wife's response filed on 15 January 2010, and that any subpoenaed material be returned. Provisions were made for parties to make written submissions regarding costs.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Procedural Fairness
Actions
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Citations
Wentner and Rater [2010] FamCA 1188
Most Recent Citation
Conti and Conti [2012] FamCA 290
Cases Cited
7
Statutory Material Cited
1
Equuscorp Pty Ltd v Glengallan Investments Pty Ltd
[2004] HCA 55
Norbis v Norbis
[1986] HCA 17
Spencer v The Commonwealth
[1907] HCA 82