Appleford and Meriden

[2018] FCCA 3333

FEDERAL CIRCUIT COURT OF AUSTRALIA

APPLEFORD & MERIDEN [2018] FCCA 3333

Catchwords:
FAMILY LAW – De facto property – contributions – inadequate disclosure by one party – adjustment pursuant to s.90SF(3)(r).

Legislation:

Family Law Act 1975, ss.4AA, 44(5), 44(6), 90SF, 90SM

Cases cited:

Whitford & Whitford (1979) FLC 90-612

McDonald & McDonald (1977) FLC 90-317
Swallow & Swallow delivered 16 September 1977
Walker & Walker (1984) FLC 91-564
Sharp & Sharp [2011] Fam CAFC 150
Stanford & Stanford [2012] HCA 52
Bevan & Bevan [2013] FamCAFC 116
Lee Steere & Lee Steere (1998) FLC 91-626
Hickey v Hickey & Attorney General of the Commonwealth of Australia (Intervenor) 2003 FLC 93-143
In the Marriage of AJO & GRO (2005) 33 Fam LR 134
Gould & Gould (2007) FamCA 609

Applicant: MR APPLEFORD

Respondent: MS MERIDEN

File Number: ADC 25 of 2016

Judgment of: Judge Kelly

Hearing dates: 12, 13, 14, 20 December 2017 and 29 January 2018

Date of Last Submission: 29 January 2018

Delivered at: Adelaide

Delivered on: 20 November 2018

REPRESENTATION

Counsel for the Applicant: Mr S Lindsay

Solicitors for the Applicant: Jordan & Fowler

Counsel for the Respondent: Mr K Tredrea

Solicitors for the Respondent: Angela Ferdinandy

ORDERS

1. Leave is granted to the Applicant to file his Initiating Application for property settlement out of time, pursuant to s.44(6) of the Family Law Act 1975.

2. The time for the Applicant to file his Initiating Application is extended to 13 January 2016.

In full and final settlement of any claim for property settlement that each party may make against the other:

1. The Respondent pay to the Applicant the sum of $113,000 within 28 days.

2. Thereafter the Applicant retain the following items free from any further claim by the Respondent:

   (a)the settlement sum referred to above;

   (b)his motor vehicle;

   (c)his household items and personal effects;

   (d)any savings or investments in his possession, power or control; and

   (e)his superannuation entitlements.

3. The Respondent retain the following items free from any further claim by the Applicant:

   (a)her interest in the property situated at Property A;

   (b)her motor vehicle;

   (c)her household items and personal effects;

   (d)any savings or investments in her possession, power or control.

4. Each party shall indemnify the other in respect to any debt in their sole name.

5. All proceedings are otherwise dismissed.

6. Liberty to either party to apply in relation to costs, upon written request to chambers made within 21 days.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 25 of 2016

MR APPLEFORD

Applicant

And

MS MERIDEN

Respondent

REASONS FOR JUDGMENT

Introduction

1. The Applicant Mr Appleford and the Respondent Ms Meriden were in a de facto relationship for approximately 20 years, finally separating in October 2013.

2. Despite initial negotiations shortly after separation, neither party filed proceedings until Mr Appleford’s Application was filed on 13 January 2016.  The Respondent argues that the Initiating Application is…