FEDERAL CIRCUIT COURT OF AUSTRALIA
| AINSLEY & AINSLEY | [2013] FCCA 408 |
| Catchwords: FAMILY LAW – Alteration of property interests – whether contribution to be assessed globally or otherwise – where substantial assets accumulated after separation – where wife’s contribution and needs greater – non-disclosure by the husband. |
| Legislation: Family Law Act 1975, ss.66G , 75(2), 79, 111AA, 117 |
| Cases cited: Bradley v Weber [1998] FamCA 90 Branicki (unreported Full Court 18 May 1990) NHC & RCH (2004) FLC 93-204 DJM & JLM (1998) FLC 92-816 Farmer & Bramley [2000] FamCA 1615; (2000) FLC 93-060 Hickey & Hickey & Attorney-General of the Commonwealth of Australia (Intervener) (2003) FLC 93-143 Jones and Jones (1990) FLC 92-143 Norbis v Norbis (1986) 161 CLR 513 Pastrikos and Pastrikos (1980) FLC 90-897 Shaw and Shaw (1989) FLC 92-010 Stanford v Stanford (2012) FLC93-518 |
| Applicant: | MS AINSLEY |
| Respondent: | MR AINSLEY |
| File Number: | SYC 6032 of 2011 |
| Judgment of: | Judge Altobelli |
| Hearing date: | 8 and 9 April 2013 |
| Date of Last Submission: | 9 April 2013 |
| Delivered at: | Sydney |
| Delivered on: | 4 June 2013 |
REPRESENTATION
| Counsel for the Applicant: | Mr Schonell SC |
| Solicitors for the Applicant: | Diana Perla & Associates |
| Counsel for the Respondent: | Mr Gould |
| Solicitors for the Respondent: | James Antonenas Solicitor & Barrister |
ORDERS
That the husband forthwith, do all acts and things and sign all documents to pay the proceeds of the (bank omitted) Account number (omitted) in the sum of $100,812 to the wife.
That the husband, within 14 days of the date of these Orders, do all acts and things and sign all documents to transfer to the wife the following properties:
Property D, being the whole of the land contained in Folio Identifier (omitted).
Property S, being the whole of the land contained in Folio Identifier (omitted).
Property M, being the whole of the land contained in Folio Identifier (omitted).
Simultaneously with the transfers, the husband shall:
Do all acts and things and sign all documents to discharge mortgage number (omitted) to the (omitted) Bank, and
Pay to the wife the sum of $335,800.
That pursuant to paragraph 90(MT)(1)(b) of the Family law Act 1975, whenever the Trustee of (omitted) Superannuation Fund makes a splittable payment from the interest held by Mr Ainsley, the Trustee shall pay to Ms Ainsley or her administrators, executors, beneficiaries, heirs or assigns the amount of $177,733 and there shall be a corresponding reduction in the entitlement Mr Ainsley would have had in (omitted) Superannuation Fund but for these Orders.
That within 14 days of the date of these Orders, the husband do all acts and things and sign all documents to cause Qantas Frequent Flyer to transfer 430,000 of his frequent flyer points to the wife’s account.
That other than as specifically provided for in these Orders each party is solely entitled to the exclusion of the other to all property and chattels of whatsoever nature and kind in the name, possession, ownership and/or control of each of the parties as at the…
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- AINSLEY & AINSLEY [2013] FCCA 408
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- [2013] FCCA 408
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CaseChat Overview and Summary
The court was required to determine the appropriate allocation of the parties' financial resources and to make orders for the ongoing maintenance of the children. This involved considering the value of the assets and liabilities of the parties and applying the principles of the *Family Law Act 1975* to achieve a just and equitable outcome.
The court ordered the husband to transfer a significant portion of the marital assets to the wife, including a substantial sum from a bank account, three properties, and a specific amount from his superannuation fund. Additionally, the husband was directed to pay a lump sum of $335,800 and to transfer frequent flyer points. The court also made orders for child maintenance, stipulating a monthly payment from the husband to the wife until the children reach the age of 18. To ensure compliance, the court provided for the Registrar to execute necessary documents if either party refused to do so, pursuant to section 106A of the *Family Law Act 1975*.
Orders
Orders of the court
1.
That the husband forthwith, do all acts and things and sign all documents to pay the proceeds of the (bank omitted) Account number (omitted) in the sum of $100,812 to the wife.
2.
That the husband, within 14 days of the date of these Orders, do all acts and things and sign all documents to transfer to the wife the following properties:
3.
Property D, being the whole of the land contained in Folio Identifier (omitted).
4.
Property S, being the whole of the land contained in Folio Identifier (omitted).
5.
Property M, being the whole of the land contained in Folio Identifier (omitted).
6.
Simultaneously with the transfers, the husband shall:
7.
Do all acts and things and sign all documents to discharge mortgage number (omitted) to the (omitted) Bank, and
8.
Pay to the wife the sum of $335,800.
9.
That pursuant to paragraph 90(MT)(1)(b) of the Family law Act 1975, whenever the Trustee of (omitted) Superannuation Fund makes a splittable payment from the interest held by Mr Ainsley, the Trustee shall pay to Ms Ainsley or her administrators, executors, beneficiaries, heirs or assigns the amount of $177,733 and there shall be a corresponding reduction in the entitlement Mr Ainsley would have had in (omitted) Superannuation Fund but for these Orders.
10.
That within 14 days of the date of these Orders, the husband do all acts and things and sign all documents to cause Qantas Frequent Flyer to transfer 430,000 of his frequent flyer points to the wife’s account.
11.
That other than as specifically provided for in these Orders each party is solely entitled to the exclusion of the other to all property and chattels of whatsoever nature and kind in the name, possession, ownership and/or control of each of the parties as at the date of these Orders.
12.
In the event that either party refuses or neglects to execute any deed or instrument necessary to give effect to all or any of the Orders made herein, then the Registrar of the Family Court shall be appointed pursuant to Section 106A of the Family Law Act to execute such deed or instrument and do all acts and things necessary to give validity and operation to the said deed or instrument.
CHILD MAINTENANCE
13.
Pursuant to Section 66G of the Family Law Act, the husband shall pay to the wife directly child maintenance for the child Y born (omitted) 1995 (“the children”), in the sum of $3,150 per month commencing on the first day of the month following the making of these Orders and continuing until each of the children attains the age of 18 years.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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