Blaxland & Blaxland

[2023] FedCFamC1F 240

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Blaxland & Blaxland [2023] FedCFamC1F 240

File number:

LNC 187 of 2021

Judgment of:

MCGUIRE J

Date of judgment:

6 April 2023

Catchwords:

FAMILY LAW - PROPERTY – When property pool is extensive in content and of substantial value – Long marriage – Where parties agree equal contributions and no adjustments for s 79(4)(d)-(g) considerations – Dispute as to “add-backs” to the pool – Dispute as to distribution of assets

Legislation:

Family Law Act 1975 (Cth) s 75(2), 79(2) and 79(4)(b)-(g)

Cases cited:

AJO & GRO (2005) FLC 93-218

Jabour & Jabour (2019) FLC 93-898

R v Watson; Ex parte Armstrong (1976) 136 CLR 248

Stanford & Stanford (2012) 247 CLR 108

Townsend & Townsend (1995) FLC 92-569

Division:

Division 1 First Instance

Number of paragraphs:

65

Date of last submissions:

Written submissions 27 February 2023

Date of hearing:

7, 8, 9 and 11 March 2022 and 9, 10 and 11 January 2023

Place:

Launceston delivered in Hobart

Counsel for the Applicant:

Andrea Trezise

Solicitor for the Applicant:

Andrea Trezise Barrister & Solicitor

Counsel for the Respondent:

Mr Hall

Solicitor for the Respondent:

John Munro & Associates

ORDERS

LNC 187 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS BLAXLAND

Applicant

AND:

MR BLAXLAND

Respondent

order made by:	MCGUIRE J
DATE OF ORDER:	6 April 2023

THE COURT ORDERS THAT:

1.For the purpose of these orders IT IS DECLARED THAT:

(a)the parties’ matrimonial assets and liabilities are set out in “Annexure A” hereto (“the Balance Sheet/Asset Distribution Schedule”);

(b)the assets are valued as stated in the Balance Sheet/Asset Distribution Schedule;

(c)the amounts owed at items 96 to 102 of the Balance Sheet/Asset Distribution Schedule may fluctuate prior to the Settlement Date, subject to the injunction against drawdowns set out in Order 4(b) below;

(d)Orders 2 and 3 of the Orders of 26 March 2021 and Order 8 of the Orders of 10 January 2023 (as amended) remain in full force and effect for the period up to and concluding upon the Settlement Date as later defined herein and then discharged, with liabilities of the types described in those orders that fell due and payable on or before the Settlement date to remain a liability of and be paid by B Pty Ltd.

2.Within 60 days of the date of these orders (“the Settlement Date”):

(a)Mr Blaxland (“the husband”) do all such acts and things and sign all such documents as may be required to transfer to Ms Blaxland (“the wife”) all his right, title and interest in items numbered 4 to 42 of the Balance Sheet/Asset Distribution Schedule;

(b)the wife do all such acts and things and sign all such documents as may be required to transfer to the husband all her right, title and interest in items numbered 43 to 73 of the Balance Sheet/Asset Distribution Schedule; and

(c)the wife pay to the husband the sum of $1,334,405 (“the Settlement Payment”).

3.Contemporaneously with the performance…