Wylie and Falconer

Case

[2017] FCCA 1404

23 June 2017


Details
AGLC Case Decision Date
Wylie and Falconer [2017] FCCA 1404 [2017] FCCA 1404 23 June 2017

CaseChat Overview and Summary

This matter concerned parenting and property disputes between Wylie and Falconer, heard by Judge Young. The court was required to make orders regarding the children's living arrangements, time spent with each parent, communication protocols, and the division of various assets and liabilities.

The court determined the specific terms of equal shared parental responsibility, outlining the children's living arrangements with the mother and the father's time with them during school terms and holidays. It also established detailed provisions for special days, changeovers, communication between parents and children, and parental responsibilities concerning the children's health, education, and travel. In relation to property, the court addressed the distribution of funds held in trust, the transfer of vehicles and a camper trailer, and the division of various investments, including bank accounts, recreational vehicles, and superannuation interests.

The court applied principles of the *Family Law Act 1975* to make orders for the children's best interests and to achieve a just and equitable division of the parties' property. This included specific provisions for the division of superannuation, the indemnification of liabilities, and the retention of certain assets by each party. The orders also mandated participation in a parenting program and restrained the use of physical punishment.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Procedural Fairness

  • Remedies

  • Costs

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Palmer & Hammer (No.2) [2011] FamCAFC 196
Starr & Duggan [2009] FamCAFC 115
Sayer v Radcliffe [2012] FamCAFC 209