Balnaves, C.J. and Balnaves, P.J.; Cummings, J.T. (Intervener).

[1988] FamCA 6

In the marriage of BALNAVES, C.J. and BALNAVES, P.J.; CUMMINGS, J.T. (Intervener).

(1988) FLC ¶91-952

Other publishers' citations: (1988) 12 FamLR 488

Full Court of the Family Court of Australia at Adelaide.

Judgment delivered 8 August 1988.

Before: Nicholson C.J., Fogarty and McCall JJ.

Nicholson C.J., Fogarty and McCall JJ.: On 9 November 1987 a number of orders were made by Gun J. following a trial of 35 days between February and September, 1987.

Appeals were filed against some of those orders by the wife, Christine Joan Balnaves, by Jane Teresa Cummings (an intervener), in respect of which the wife filed a cross-appeal, and by the Official Trustee in Bankruptcy of the husband.

These proceedings have had a very long history. The judgment dealt with the facts in detail. The appeals raised specific issues; consequently it is unnecessary to set out the background facts as fully as the trial Judge did. It is sufficient for the purpose of dealing with these appeals to summarise the relevant facts and then turn to the specific issues which the appeals raised.

The parties married on 31 May 1968 (at which time they were aged approximately 25 and 20). They separated on 11 October 1985 and were divorced by this Court on 3 August 1987. There were three children of the parties' marriage namely, M. who was born in 1971 and is aged 16, L, born 1973 and aged 15, and R, born in 1976 and aged 12. The husband is now aged 47 and the wife 41.

At the time of their marriage the husband was employed as an accountant and the wife as a secretary. The trial Judge in his careful history of the matter set out the details of the assets of the parties at the time of their marriage, the various properties which they acquired and in some instances sold during their marriage, the work history of each party and their contribution (in the sense in which that term is understood under sec. 79) to both the property of the parties and to the marriage and family. For the purposes of dealing with these appeals it is unnecessary to repeat those matters.

As we have previously indicated, the parties separated in October 1985. Proceedings in this Court commenced on 5 November 1985 when the wife filed an application in which she sought the custody of the children, maintenance for herself and the children, an order for settlement of property under sec. 79 and lump sum maintenance.

On 20 November 1985 McGovern J. made orders by way of interim maintenance for the wife and three children (who were in the custody of the wife) and also certain restraining orders relating to companies and trusts in which the parties were interested and in respect of some of which it will be necessary to refer hereafter.

The husband appealed against those orders but that appeal was abandoned. In early 1986 the husband commenced to live in a de facto relationship with Jane Teresa…