Boyle and Fragnito and Anor

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JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA

ACT: FAMILY LAW ACT 1975

LOCATION: PERTH

CITATION: BOYLE and FRAGNITO & ANOR [2020] FCWA 107

CORAM: TYSON J

HEARD: 16, 17 and 20 APRIL and 12, 13 and 14 MAY 2020

DELIVERED : 29 JUNE 2020

FILE NO/S: PTW 5412 of 2017

BETWEEN: MS BOYLE

Applicant

AND

MR FRAGNITO

First Respondent

AND

FF WOODS PTY LTD

Second Respondent


Catchwords:

FAMILY LAW – PROPERTY –– Dispute as to duration of relationship – Where the husband has failed in his duty to provide full and frank disclosure – Where the husband has unilaterally expended significant funds post separation - Where the Court adopts a robust approach, given the husband’s deliberate non-disclosure - Assessment of contributions – Where the husband made greater initial contributions - Assessment of s 75(2) factors – Case turns on its own facts

Legislation:

Family Law Act 1975 (Cth)

Category: Not Reportable

Representation:

Counsel:

Applicant : Mr Bannerman
First Respondent : Mr Beckerling
Second Respondent : Did not participate

Solicitors:

Applicant : Bannerman Solicitors
First Respondent : Beacon Family Law
Second Respondent : Did not participate

Case(s) referred to in decision(s):

Bevan & Bevan (2013) FLC 93-545

Biltoft & Biltoft (1995) FLC 92-614

Briese & Briese (1986) FLC 91-713

Chang v Su (2002) FLC 93-117

Chorn v Hopkins (2004) FLC 93-204

Dickons & Dickons (2012) 50 Fam LR 244

Elias and Elias (1977) FLC 90-267

Fotia and Welsh [2013] FCWA 112

Holland & Holland (2017) FLC 93-798

Jabour & Jabour (2019) FLC 93-898

Kannis & Kannis (2003) FLC 93-135

Kennon v Kennon (1997) FLC 92-757

Khademollah and Khademollah (2000) FLC 93-050

Kowaliw & Kowaliw (1981) FLC 91-092

Livesey v Jenkins [1985] 1 All ER 106

M and M [1998] FamCA 42

Morrison and Morrison (1995) FLC 92-573

Reichstein & Reichstein [2006] FamCA 1422

Stanford v Stanford (2012) 247 CLR 108

Trevi & Trevi (2018) FLC 93-858

Weir & Weir (1993) FLC 92-338

Yeates (as executor for Mr Yeates) & Yeates [2013] FCWA 117

TYSON J:

WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED

IT IS NOTED that publication of this judgment by this Court under the pseudonym Boyle and Fragnito has been approved by the Family Court of Western Australia pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

1[Ms Boyle], the wife, and [Mr Fragnito], the husband, are unable to agree on orders by way of alteration of property interests, following the breakdown of their marriage.

2The proceedings were complicated by a number of matters:

(a)The parties have entered into a number of failed investments, including being the victims of fraudulent scams, which has reduced the property now available for division.

(b)There is a dispute about the duration and nature of the parties’ relationship.

(c)The wife says the husband has failed to provide full and frank disclosure of his financial circumstances and he has undisclosed assets and income. She alleges the husband has failed to…

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Details
Case
[2020] FCWA 107
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, the case of Boyle and Fragnito and Anor dealt with a dispute regarding the duration of a relationship and the distribution of property between the parties. The husband argued that the relationship was of a short duration, while the wife contended that it lasted longer. The husband had not provided full and frank disclosure of his financial situation, and had spent significant funds after the separation. The wife sought a fair division of the couple’s property, and the court was required to determine the duration of the relationship, assess the contributions made by each party, and consider the factors outlined in section 75(2) of the Family Law Act.

The court had to decide whether the husband had deliberately withheld information and the appropriate weight to give to the contributions made by each party. The judge considered the husband's failure to provide full disclosure and his unilateral expenditure post-separation as factors in the assessment. The court also had to determine the duration of the relationship and assess the contributions made by each party, taking into account the husband's greater initial contributions. Finally, the court was required to weigh the relevant factors outlined in section 75(2) of the Family Law Act to reach a decision.

The court held that the husband had deliberately withheld information and adopted a robust approach in its assessment. The judge found that the relationship had lasted longer than the husband had claimed and that the wife was entitled to a fair division of the property. The court gave significant weight to the husband's initial contributions but also considered the wife's contributions and the factors outlined in section 75(2) of the Family Law Act. The court concluded that the wife was entitled to a larger share of the property, taking into account the husband's non-disclosure and unilateral expenditure post-separation.

The court ordered that the property be divided in a manner that was considered fair and just, taking into account the contributions made by each party and the factors outlined in section 75(2) of the Family Law Act. The court also ordered the husband to pay a portion of the wife's legal costs. The decision in this case highlights the importance of full and frank disclosure in family law proceedings and the consequences of failing to do so. The court's robust approach in this case serves as a reminder to parties in similar situations to provide full and frank disclosure and to act in good faith.

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