Bateson and Bateson

[2007] FamCA 275

FAMILY COURT OF AUSTRALIA

BATESON & BATESON [2007] FamCA 275

FAMILY LAW - PROPERTY SETTLEMENT – Bitter contest in Standard Track List of defended cases – Resolved following sensible negotiation – Orders approved.

APPLICANT: Mrs Bateson

RESPONDENT: Mr Bateson

FILE NUMBER: MLF 1686 of 2005

DATE DELIVERED: 20 March 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 20 March 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Smith

SOLICITOR FOR THE APPLICANT: Rhonda G Wilkinson

COUNSEL FOR THE RESPONDENT: Ms Piggott

SOLICITOR FOR THE RESPONDENT: Herring & McMillan

Orders

BY CONSENT:-

1. That within 120 days of the date hereof (“the date”) the Husband pay to the Wife the sum of:-

   i.

   $175,000.00 (one hundred and seventy five

   
   

   thousand dollars);  (“the payment”)

   ii.$495.00 on account of valuation fees.

1. That contemporaneously with the payment the Wife do all such acts and things and sign all such documents to transfer to the Husband at the Husband’s expense:-

   A.The real property situate at and known as A, being the whole of the land contained in Certificate of Title Volume … Folio …; Volume … Folio …; Volume … Folio … and Volume … Folio … (“the property”).

   B.All her interest in the business of B Company and N Pty Ltd, with the Wife to resign as Director of the N Pty Ltd.

1. That forthwith the jointly owned shares be distributed in specie as to 50 percent to the Wife and 50 percent to the Husband.

   
   
   

2. That in the event the Husband fails to make the payment by the date, the property and the business referred to in clause 2A and 2B be sold forthwith with the conduct of the said sale to be in the control of the Wife’s solicitor and after payment of the costs and commissions of sale, the proceeds be distributed as follows:-

   i.The sum of $175,000.00 to be paid to the Wife with interest thereon at the rate of 12.5 percent per annum calculated from the date until the payment is made to the Wife;

   ii.The sum of $495.00 to be paid to the Wife on account of valuation fees due to Mr K and L Company;

   iii.The balance to the Husband.

1. a.      That the Husband and Wife sign all documents and do all acts and things necessary to provide procedural fairness to the Trustee of the self-managed B Superannuation Fund for Orders that the said fund be split 50 percent to the Wife and 50 percent to the Husband on the current value to be transferred to a complying superannuation fund as nominated by the Husband and the Wife on the 18^th of July 2007 (“the operative date”).

   b.That pending the operative date, the Husband and Wife be restrained from dealing with the said superannuation entitlements other than in accordance with these Orders.

   c.That the parties will sign any documents reasonably required to give effect to these Orders.
   
   

2. That all extant Applications be otherwise dismissed and that the proceedings be removed from the Active Pending Cases List.

NOTATION:

A.The Wife will provide the Husband with copies of photographs of the properties at S, R, and A, and furniture and the Husband’s stamp albums that can be located by the Wife.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 1686  of 2005

Mrs Bateson

Applicant

And

Mr Bateson

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me in the Standard Track List of defended cases.  Mr Smith appears for the applicant wife and Ms Piggott for the respondent husband.  I have had explained to me by Mr Smith a short background dealing with the issues and from which Ms Piggott draws no dissent. 

2. The parties had an 18‑year relationship.  Following breakdown, proceedings were instituted in this court.  Ultimately the pool of assets have been  agreed at some $350,000 plus shares of some $34,000 and superannuation entitlement of about $30,000.

3. The parties have, responsibly in my view, agreed upon a percentage distribution consistent with the mandates of the Family Law Act 1975 ("the Act") as amended as to 50 per cent distribution. I have had the advantage of reading the Case Outline Documents of the parties and the affidavits on their behalf. I am satisfied that the orders are just and equitable in the circumstances of this case. There are obligations on judges of this court to be so satisfied, notwithstanding that the orders are made by consent. Such are the mandates of the Act itself.

4. I congratulate the parties on having the good commonsense and the dignity in coming to this resolution without having to suffer the anxiety of litigation and associated financial drain.  They have now agreed upon, through the assistance of their professional advisors, a result that would have been ordered by the court.  In my view, they have been very well served by their professional advisors. 

5. I mark the Minute of Proposed Orders Exhibit "A".  I make orders in terms of Exhibit “A” and direct the solicitors for the applicant wife to engross the orders. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Guest.

Associate: 

Date:  30 March 2007.

IT IS NOTED that this judgment for all publication and reporting purposes be referred to as BATESON & BATESON