FEDERAL CIRCUIT COURT OF AUSTRALIA
| BOWLER & SHULMAN | [2015] FCCA 28 |
| Catchwords: FAMILY LAW – Property – funds held in trust for the parties – failure to provide withdrawal of caveat as ordered – failure to make full and frank disclosure – homemaker and parent contributions – subsection 75(2) factors – assignment of debt owed to the wife. |
| Legislation: Family Law Act 1975 Evidence Act 1995, s.140 |
| Briginshaw v Briginshaw (1938) 60 CLR 336 Clauson (1995) FLC 92-595 C & C (2005) FLC 93-220 Elias v Elias (1977) FLC 90-267 Ferraro (1993) FLC 92-335 Gollings & Scott (2007) FLC 93-319 Gosper & Gosper (1987) FLC 91-818 Hickey (2003) FLC 93-143 Jordan & Jordan (1997) FLC 92-736 Kannis & Kannis (2003) FLC 93-135 Kessey & Kessey (1994) FLC 92-495 Lee Steere (1985) FLC 91-626 Mallet v Mallet (1984) FLC 91-507 Neil v Nott and Another (1994) 121 ALR 148 OSF and OJK (2004) FLC 93-191 R v Watson; Ex parte Armstrong [1976] HCA 39; (1976) 136 CLR 248 Rolfe and Rolfe (1979) FLC 90-62 Russell v Russell (1999) FLC 92-877 Stanford v Stanford (2012) FLC 93-518; (2013) 293 ALR 70 Weir v Weir (1993) FLC 92-338 |
| Applicant: | MR BOWLER |
| Respondent: | MS SHULMAN |
| File Number: | MLC 462 of 2012 |
| Judgment of: | Judge Roberts |
| Hearing dates: | 28 & 29 April and 19 & 20 May 2014 |
| Date of Last Submission: | 20 May 2014 |
| Delivered at: | Launceston |
| Delivered on: | 29 January 2015 |
REPRESENTATION
| Counsel for the Applicant: | Appeared unrepresented |
| Solicitors for the Applicant: | Not applicable |
| Counsel for the Respondent: | Ms J Elleray |
| Solicitors for the Respondent: | Perry Weston Lawyers |
ORDERS
That all funds held in Westpac Bank account number [omitted] by ROSE MARY BRONDOLINO & CO in trust for MS SHULMAN (“the wife”) and MR BOWLER (“the husband”) inclusive of any interest thereon be forthwith released to the wife.
That the wife be solely responsible for paying an outstanding account payable to Ms M in the approximate sum of $1,585.
That the wife be solely responsible for paying any tax that she may owe to the Australian Taxation Office.
That within 21 days the wife must transfer and assign to the husband all her right, title and interest in a debt owed to her by [S] Pty Ltd as trustee for the [Bowler] Family Trust (ABN [omitted]) in the sum of $61,708.
That within 21 days the wife must transfer to the husband any interest she may have in any motor vehicles currently in the possession or control of the husband.
That unless specified in these Orders:
(a)each party is solely entitled to the exclusion of the other to all other property in possession of that party as at the date of these Orders;
(b)any claim that the wife may have to any superannuation benefit belonging to or earned by the husband is extinguished;
(c)each party will be solely liable for and must indemnify the other against any liability encumbering any item of…
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- AGLC
- Bowler and Shulman [2015] FCCA 28
- Case
- [2015] FCCA 28
- Decision Date
CaseChat Overview and Summary
The court's reasoning focused on achieving a just and equitable distribution of the matrimonial property. This involved considering the existing entitlements and liabilities of each party. The orders reflect a division where the wife received the entirety of funds held in a specific trust account, along with sole responsibility for certain outstanding accounts and potential tax liabilities. Conversely, the husband was to receive the wife's interest in a significant debt owed by a company and any interest she held in motor vehicles in his possession.
The final orders stipulated that, apart from the specifically enumerated allocations, each party was to retain all other property in their possession. Furthermore, the wife's claims to the husband's superannuation were extinguished, and each party was to indemnify the other against any liabilities associated with the property they received. Any joint tenancies were expressly severed.
Orders
Orders of the court
1.
That all funds held in Westpac Bank account number [omitted] by ROSE MARY BRONDOLINO & CO in trust for MS SHULMAN (“the wife”) and MR BOWLER (“the husband”) inclusive of any interest thereon be forthwith released to the wife.
2.
That the wife be solely responsible for paying an outstanding account payable to Ms M in the approximate sum of $1,585.
3.
That the wife be solely responsible for paying any tax that she may owe to the Australian Taxation Office.
4.
That within 21 days the wife must transfer and assign to the husband all her right, title and interest in a debt owed to her by [S] Pty Ltd as trustee for the [Bowler] Family Trust (ABN [omitted]) in the sum of $61,708.
5.
That within 21 days the wife must transfer to the husband any interest she may have in any motor vehicles currently in the possession or control of the husband.
6.
That unless specified in these Orders:
(a) each party is solely entitled to the exclusion of the other to all other property in possession of that party as at the date of these Orders;
(b) any claim that the wife may have to any superannuation benefit belonging to or earned by the husband is extinguished;
(c) each party will be solely liable for and must indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders; and
(d) any joint tenancy of the parties in any real or personal estate is hereby expressly severed.
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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