ALLEN & ALLEN

[2016] FCCA 163

FEDERAL CIRCUIT COURT OF AUSTRALIA

ALLEN & ALLEN [2016] FCCA 163

Catchwords:
FAMILY LAW – PROPERTY – Interim Orders – valuation – estate in remainder – where property acquired by wife after separation – where husband made no contribution to the acquisition of the asset – financial resource – asset to be considered under Family Law Act 1975 (Cth) s.75(2).

EVIDENCE – Evidence of discussions at a conciliation conference included in an affidavit – evidence of discussions at conciliation conference inadmissible.

Legislation:

Evidence Act 1995 (Cth), s.131

Family Law Act 1975 (Cth), ss. 75, 79

Cases cited:
Coroneos & Coroneos [2011] FamCA 12
Jarrott & Jarrott (No. 2) [2012] FamCAFC 72

Applicant: MR ALLEN

Respondent: MS ALLEN

File Number: SYC 709 of 2015

Judgment of: Judge Scarlett

Hearing date: 1 February 2016

Date of Last Submission: 1 February 2016

Delivered at: Sydney

Delivered on: 3 February 2016

REPRESENTATION

Counsel for the Applicant: Mr Schonell

Solicitors for the Applicant: LCI Legal

Counsel for the Respondent: Ms Murphy

Solicitors for the Respondent: John Spence & Associates

ORDERS

1. The wife’s father and mother MR F and MS O are joined as Second Respondents.

2. Within one (1) month of the date of this Order the parties are to do all such acts and things necessary to obtain a valuation of the wife’s estate in remainder as tenant in common in equal shares with MS N of Property G in the Parish of (omitted) being the whole of the land in Folio Identifier (omitted) situate at and known as Property G in the State of New South Wales.

3. The parties are to do all such acts and things and sign all such documents as shall be necessary to instruct (omitted) Pty Ltd to prepare the valuation referred to in the immediately preceding Order and pay the costs of such valuation in equal shares within fourteen (14) days of the date of this Order.   

IT IS NOTED that publication of this judgment under the pseudonym Allen & Allen is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 709 of 2015

MR ALLEN

Applicant

And

MS ALLEN

Respondent

REASONS FOR JUDGMENT

Application in a Case

1. This is an Application by the husband, who is the Respondent to the substantive Application, for orders providing that the wife, the substantive Applicant, do all that is necessary to arrange for a valuation of a property at Property G by a valuation company known as (omitted) Pty Ltd. He claims, through an affidavit sworn by his solicitor (omitted) on 22 December 2015, that the wife will not consent to the property being valued for the purpose of the property proceedings.

2. The wife opposes the Application and seeks that it should be dismissed. She asserts that:

   a)the property is owned and occupied by her elderly parents, who are in poor health;

   b)she only has a remainder interest in the property; 

   c)she acquired her interest in the property after the parties separated;…