BOUTROS & DAHER

[2015] FamCA 443

FAMILY COURT OF AUSTRALIA

BOUTROS & DAHER [2015] FamCA 443

FAMILY LAW – PROPERTY – Final orders made by consent – matter settled.

Family Law Act 1975 (Cth)

APPLICANT: Ms Boutros

RESPONDENT: Ms Daher

FILE NUMBER: MLC 8710 of 2011

DATE DELIVERED: 23 March 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 23 March 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Hoult

SOLICITOR FOR THE APPLICANT: Nedovic Lawyers

COUNSEL FOR THE RESPONDENT: Mr Davis

SOLICITOR FOR THE RESPONDENT: Sabelberg Morcos Lawyers

Orders

1. The husband pay to the wife the sum of $1 million being:

   (a)       $500,000 on or before 22 June 2015; and

   (b)       $500,000 on or before 22 September 2015.

   such sums to be paid to the wife’s solicitor (“the final payment”)

2. That upon the final payment being made the wife shall transfer to the husband at the husband’s expense:

   (a)       B Street, Suburb A;

   (b)       C Street, Suburb D.

3. That contemporaneously with the transfer referred to in Order 2 the husband shall refinance all mortgages in the husband and/or the wife’s name and provide to the wife a discharge of mortgage.

4. In the event that the husband does not make either payment:

   (a)       The wife shall retain ownership of B Street, Suburb A.

   (b)       The husband shall transfer his interest in E Pty Ltd (“the business”) to the wife to be sold out of Court.

   (c)       In the event the business is sold the proceeds shall be distributed as follows:

   (i)To pay all costs and expenses of sale;

   (ii)To discharge all mortgages encumbering the B Street property;

   (iii)To pay all amounts outstanding to the wife with interest at 8.5 per cent;

   (iv)The balance if any to the husband.

5. That within 14 days the husband sign all documents to transfer to the wife the motor vehicle 1 at the expense of the wife.

6. That within 14 days the wife sign all documents to transfer to the husband the motor vehicle 2 at the expense of the husband.

7. The wife resign as Trustee from the E Pty Ltd Unit Trust within 14 days such resignation to be at the husband’s expense, and the husband shall indemnify the wife with respect to all debts, liabilities including taxation liabilities and guarantees.

8. That unless otherwise specified in these orders and save for the purposes of enforcing any monies due under these or any subsequent orders:

   (a)       each party be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these orders (the furniture, personal possessions, and like chattels in the real property being deemed to be in the possession of the applicant).

   (b)       each party forego any claims they may have to any superannuation benefits belonging to or earned by the other;

   (c)       each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders;

   (d)       any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

9. That all extant applications be otherwise dismissed.

IT IS DIRECTED

1. That the Minutes of Consent Orders remain on the Court file.

2. That the lawyer for the applicant file 3 clean copies of these orders within 7 days.

3. That all property/maintenance issues be removed from the list of cases awaiting allocation to a judicial docket.

4. That any future hearing/conference date be vacated.

   IT IS CERTIFIED

5. That pursuant to Chapter 19 of the Family Law Rules this matter reasonably required the attendance of Counsel.

   THE COURT NOTES

6. That pursuant to Section 81 of the Family Law Act 1975 the parties intend that these Orders shall as far as practicable finally determine the financial relationship between them and avoid further proceedings between them.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Daher & Boutros has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 8710 of 2011

Ms Boutros

Applicant

And

Mr Daher

Respondent

REASONS FOR JUDGMENT

1. This matter comes before me today for final hearing, the parties having had a relationship of some 14 years.  The proceedings have been on foot since 2011.  The parties have been represented throughout the proceedings.  They have filed trial affidavit material and financial statements in accordance with my orders made in November 2014. 

2. I have read that material.  I have heard submissions from counsel representing each of the parties today.  What they say to me is that the minute of order that is signed by the parties and presented to me is a commercial resolution of a dispute in circumstances where there were a range of highly contentious issues, which included whether or not two parcels of real estate should be included in the pool of assets available for division. 

3. Further, there was dispute between the parties as to the value of the business conducted by them during the course of their relationship.  I am urged to make orders on behalf of the parties.  It is said by each counsel that the orders sought are just and equitable.  It is a commercial compromise which recognises the risks to each of the parties, had the matter proceeded through final hearing to judgment.  On the basis of the material I have read and the submissions made by counsel representing each, I am satisfied that the orders sought are just and equitable in the circumstances. 

4. I will make orders in the terms of the minute signed by the parties and dated 23 March 2015.  I will mark the orders with the letter “A”.  They will remain on the Court file, the applicant's solicitor to engross within seven days.   

RECORDED:  NOT TRANSCRIBED

1. That minute will remain on the Court file. 

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Johns delivered on 23 March 2015.

Associate:

Date:  23 March 2015