Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge Shoebridge, Sprule & Mollis [2025] FedCFamC2F 458 the parties reached agreement
The Division 2 case of Amiti & Vata [2025] FedCFamC2F 476 involved two children aged approximately 10 and six by the time of the proceedings in early 2025. The parties had, in fact, been separated since 2020, with ad hoc arrangements since that time. Those arrangements only provided for one afternoon and one overnight per week. Those arrangements were likely to have been entirely suitable at separation when the children were very young but the mother appeared resistant to any change.
This was a judgment from one of our more recent Division 2 appointments, Judge Colquhoun. Her Honour had made property settlement Orders on 7 February 2024 (“the 2024 Orders”) however, the parties were now in dispute as to the interpretation of one of those Orders – The Trustee is empowered to take possession of the [Suburb C] property and require vacant possession in order to effect a sale of the [Suburb C] property.
Parties in property proceedings often have difficulty in taking a commercial approach to those proceedings. Unfortunately, that failure can often result in a significant costs order. In the Division 2 decision of His Honour, Judge Shoebridge, Sprule & Mollis [2025] FedCFamC2F 458 the parties reached agreement
The Division 2 case of Amiti & Vata [2025] FedCFamC2F 476 involved two children aged approximately 10 and six by the time of the proceedings in early 2025. The parties had, in fact, been separated since 2020, with ad hoc arrangements since that time. Those arrangements only provided for one afternoon and one overnight per week. Those arrangements were likely to have been entirely suitable at separation when the children were very young but the mother appeared resistant to any change.
This was a judgment from one of our more recent Division 2 appointments, Judge Colquhoun. Her Honour had made property settlement Orders on 7 February 2024 (“the 2024 Orders”) however, the parties were now in dispute as to the interpretation of one of those Orders – The Trustee is empowered to take possession of the [Suburb C] property and require vacant possession in order to effect a sale of the [Suburb C] property.
