FEDERAL CIRCUIT COURT OF AUSTRALIA
| AYRE & AYRE | [2017] FCCA 1457 |
| Catchwords: FAMILY LAW – Property – issues of credit – property pool – consideration of relevant s.75(2) factors. |
| Legislation: Family Law Act 1975, ss.75(2), 79(1), (2), (4), (d-g) |
| Cases cited: Relationships Act 2003 (Tas) Kennon v Kennon (1997) FLC 92-757 |
| Applicant: | MS AYRE |
| Respondent: | MR AYRE |
| File Number: | LNC 591 of 2016 |
| Judgment of: | Judge McGuire |
| Hearing date: | 8 June 2017 |
| Date of Last Submission: | 8 June 2017 |
| Delivered at: | Burnie |
| Delivered on: | 11 July 2017 |
REPRESENTATION
| Counsel for the Applicant: | Mr M Verney |
| Solicitors for the Applicant: | Matthew Verney Lawyers |
| Counsel for the Respondent: | Mr M Trezise |
| Solicitors for the Respondent: | Dobson Mitchell & Allport |
ORDERS
That within twenty-eight (28) days of the date of these orders the husband shall:
(a)Pay to the wife a lump sum of $84,241;
(b)Transfer and or vest all his right, title and interest in the following to the wife absolutely:
(i)The property situate at Property A in Tasmania;
(ii)Wife's (vehicle omitted) motor vehicle;
(iii)The caravan in the possession of the husband;
(iv)The boat, motor and accessories in the possession of the husband;
(v)(omitted) Truck;
(vi)(omitted) Truck;
(vii)Forklift;
(viii)Post-hole digger and log splitter;
(ix)Trailer
(x)The benefits of loans to the wife’s daughters, Ms C and Ms T;
(xi)The wife’s superannuation entitlements;
(xii)All personalty and chattels in the possession of or under the control of the wife as at the date of these orders; and
(xiii)The benefits of any bank account or like investment in the name of or to the benefit of the wife as at the date of these orders.
(c)Be solely responsible for and indemnify the wife in respect of the following:
(i)Any residual liabilities of the (omitted) business “(omitted)”;
(ii)Any and all liabilities incurred by the husband since separation in either joint names or in his name alone; and
(iii)Any liabilities attaching to any of the assets retained by the husband pursuant to these orders.
That contemporaneously with the payment in Order No. 1 hereof, the wife shall:
(a)Transfer and/or vest all her right, title and interest in the following to the husband absolutely:
(i)The property situate at Property B in Tasmania;
(ii)Any residual benefits of the business “(omitted)”;
(iii)The Nissan (omitted) motor vehicle;
(iv)The husband’s tools;
(v)The tractor and containers;
(vi)The husband’s cash-at-hand;
(vii)The balance of any bank accounts or like investment in the name of or to the benefit of the husband as at the date of these orders; and
(viii)All personalty and chattels in the possession of or under the control of the husband as at the date of these orders but subject to these orders.
(b)Be solely responsible for and indemnify the husband in respect of the following:
(i)Any and all liabilities incurred by the wife since…
- AGLC
- Ayre and Ayre [2017] FCCA 1457
- Case
- [2017] FCCA 1457
- Decision Date
CaseChat Overview and Summary
The court's reasoning involved a comprehensive assessment of the parties' respective contributions and future needs in relation to the matrimonial assets and liabilities. The orders reflect a significant transfer of assets and assumption of liabilities by the husband, including a lump sum payment to the wife and the transfer of several properties and vehicles. Conversely, the wife was ordered to transfer certain assets to the husband, including another property and business benefits.
The final orders dictated a detailed division of property, with the husband being primarily responsible for a substantial portion of the assets and liabilities, including specific business liabilities and those incurred since separation. The wife was ordered to transfer her interest in certain assets to the husband and was to be solely responsible for liabilities incurred by her since separation. The wife's application for spousal maintenance was dismissed.
Orders
Orders of the court
1.
That within twenty-eight (28) days of the date of these orders the husband shall:
(a) Pay to the wife a lump sum of $84,241;
(b) Transfer and or vest all his right, title and interest in the following to the wife absolutely:
(i) The property situate at Property A in Tasmania;
(ii) Wife's (vehicle omitted) motor vehicle;
(iii) The caravan in the possession of the husband;
(iv) The boat, motor and accessories in the possession of the husband;
(v) (omitted) Truck;
(vi) (omitted) Truck;
(vii) Forklift;
(viii) Post-hole digger and log splitter;
(ix) Trailer
(x) The benefits of loans to the wife’s daughters, Ms C and Ms T;
(xi) The wife’s superannuation entitlements;
(xii) All personalty and chattels in the possession of or under the control of the wife as at the date of these orders; and
(xiii) The benefits of any bank account or like investment in the name of or to the benefit of the wife as at the date of these orders.
(c) Be solely responsible for and indemnify the wife in respect of the following:
(i) Any residual liabilities of the (omitted) business “(omitted)”;
(ii) Any and all liabilities incurred by the husband since separation in either joint names or in his name alone; and
(iii) Any liabilities attaching to any of the assets retained by the husband pursuant to these orders.
2.
That contemporaneously with the payment in Order No. 1 hereof, the wife shall:
(a) Transfer and/or vest all her right, title and interest in the following to the husband absolutely:
(i) The property situate at Property B in Tasmania;
(ii) Any residual benefits of the business “(omitted)”;
(iii) The Nissan (omitted) motor vehicle;
(iv) The husband’s tools;
(v) The tractor and containers;
(vi) The husband’s cash-at-hand;
(vii) The balance of any bank accounts or like investment in the name of or to the benefit of the husband as at the date of these orders; and
(viii) All personalty and chattels in the possession of or under the control of the husband as at the date of these orders but subject to these orders.
(b) Be solely responsible for and indemnify the husband in respect of the following:
(i) Any and all liabilities incurred by the wife since separation in either joint names or in her name alone; and
(ii) Any and all liability attaching to any of the assets to be retained by the wife pursuant to these orders.
3.
That the husband be and is hereby restrained by himself or his agents from selling, otherwise disposing, encumbering, or otherwise dealing with any of the assets referred to in order 1(b) hereof otherwise than in accordance with these orders.
4.
That there be liberty to the parties or either of them in respect of the implementation of these orders.
5.
That the wife’s application for spousal maintenance be dismissed.
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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