FAMILY COURT OF AUSTRALIA
| BALDINI & BALDINI | [2020] FamCA 137 |
| FAMILY LAW – PROPERTY – Application for property settlement orders pursuant to s 79 of the Family Law Act 1975 (Cth) – Whether just and equitable to alter property interests and rights – Stanford v Stanford (2012) 293 ALR 70 considered – Consideration of factors under s 79 and s 75(2) of the Family Law Act 1975 (Cth) – Where the parties’ contributions, as at the date of trial, are assessed as being equal – Consideration of Kennon & Kennon – Where the Kennon claim is not made out – Where it is just and equitable for the assets to be divided equally between the parties. |
| Family Law Act 1975 (Cth) ss 75(2), 79 |
| Keating and Keating (2019) FLC 93-894 Kennon and Kennon (1997) FLC 92-757 Spagnardi and Spagnardi [2003] FamCA 905 Stanford v Stanford (2012) 293 ALR 70 |
| APPLICANT: | Mrs Baldini |
| RESPONDENT: | Mr Baldini |
| FILE NUMBER: | SYC | 552 | of | 2015 |
| DATE DELIVERED: | 5 March 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Stevenson J |
| HEARING DATE: | 14-18 October 2019 and 12 December 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Dr Barnett |
| SOLICITOR FOR THE APPLICANT: | Rossi Simicic Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Christie |
| SOLICITOR FOR THE RESPONDENT: | DGB Lawyers |
Order
Within 28 days of the date of date of these Orders each of the parties do all things necessary to effect the transfer to the wife of the whole of the husband's right title and interest in the property situate at and known as J Street, Suburb B in the State of New South Wales and being the land comprised in title reference … ("the J Street Property").
Within 28 days of the date of these Orders, the husband pay to the wife a sum of $140,545.
Pending payment by the husband to the wife of such sum of $140,545 he is restrained, other than for the purpose of compliance with Order 2, from withdrawing, dissipating or disposing of:
3.1 ANZ term deposit #…16
3.2 ANZ term deposit #…44
3.3 ANZ progress saver account #…56
3.4 EE Company, BB Company, HH Limited, GG Company and Westpac shares.
Simultaneously with payment by the husband to the wife of the sum of $140,545 both parties do all things necessary to transfer to the husband the whole of the wife's interest in the properties situate at and include 7 units at K Street, L Town in the State of New South Wales and being the land contained in title references 7 Units Strata Plan … ("the L Town properties").
The wife indemnify the husband against all liabilities currently owing or accrued in respect of the J Street Property.
The husband indemnify the wife against all liabilities currently owing or accrued in respect of the L Town properties.
The husband do all things necessary to transfer to the wife the whole of his interest in the funds contained in ANZ Bank accounts #…91, #…41, #…54 and #…62 and Westpac Bank account #…11.
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- AGLC
- BALDINI & BALDINI [2020] FamCA 137
- Case
- [2020] FamCA 137
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was to determine the proper construction of clause 3(a) of the deed of settlement and, consequently, whether the respondent had fulfilled its obligations under that clause. This involved an analysis of the language used in the deed and the surrounding circumstances to ascertain the parties' intentions at the time of its execution.
Stevenson J applied established principles of contractual interpretation, emphasizing that the meaning of a contract is to be determined by what the language used conveys to a reasonable person having all the background knowledge reasonably available to the parties. The Court found that the plain meaning of clause 3(a) required a specific type of payment to be made, and that the respondent's actions did not satisfy this requirement. The Court concluded that the respondent had not discharged its obligation under clause 3(a) of the deed.
Orders
Orders of the court
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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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