ABAIR & SARINEN

[2020] FCCA 1212

FEDERAL CIRCUIT COURT OF AUSTRALIA

ABAIR & SARINEN [2020] FCCA 1212

Catchwords:
FAMILY LAW – Property settlement – undefended hearing – orders made.

Legislation:

Family Law Act 1975 (Cth), ss.121(9)(g),75(2),75(2)(o),79(2)

Family Law Rules 2004 (Cth), r.7.02, r.17.02A(b)

Cases cited:

Lotta & Lotta [2017] FamCA 50

Applicant: MR ABAIR

Respondent: MS SARINEN

File Number: PAC 5998 of 2017

Judgment of: Judge Newbrun

Hearing date: 20 February 2020

Date of Last Submission: 20 February 2020

Delivered at: Parramatta

Delivered on: 13 March 2020

REPRESENTATION

Solicitors for the Applicant: There was no appearance for the Applicant

Solicitors for the Respondent: King & York Lawyers - Mr Seeney

ORDERS

1. That within 90 days of the making of these orders, the applicant husband do all such acts and sign all necessary documents to transfer to the respondent wife his right, title and interest in the former matrimonial home situated at A Street, Suburb B (“A Street, Suburb B property”).

2. That contemporaneously with the transfer set out above in order 1, the parties do all such acts and things and sign all necessary documents so as to discharge the mortgage on the subject property and replace it with a mortgage in the respondent wife’s sole name;

3. Once the transfer has occurred, the respondent wife shall forever indemnify the applicant husband against all rates, taxes, statutory charges, mortgage repayments, debts and other outgoings affecting or associated with the A Street, Suburb B property.

4. Simultaneously with the transfer as set out in order 1, the husband shall vacate the A Street, Suburb B property forthwith.

5. If the wife is unable to secure the necessary finance required to effect order 2, then both parties shall take all necessary steps and execute all necessary documents to cause the A Street, Suburb B property to be sold by private treaty at the earliest possible date at a price to be agreed on between the parties and failing such agreement to be determined by the proper officer of the Real Estate Institute of New South Wales or their nominee and that the proceeds of the said sale be disbursed as follows:

   (a)Payment of agent’s commission and advertising expenses and legal expenses of the sale;

   (b)Payment of any money due and owing to the mortgagee;

   (c)The net balance to be transferred directly to the wife’s nominated bank account.

6. That in the event that the A Street, Suburb B property fails to be sold by private treaty within a period of 3 months hereof, then each party take all necessary steps and execute all necessary documents to cause the said property to be sold by auction at the earliest possible date at a reserve to be agreed upon between the parties and failing such agreement to be determined by the proper officer of the Real Estate Institute or their nominee and that the proceeds of the said sale be disbursed as follows:

   (a)Payment of agent’s commission and advertising expenses and legal expenses of the sale;

   (b)Payment of any money due and owing to the…