Broda & Broda
[2024] FedCFamC2F 1695
•2 December 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Broda & Broda [2024] FedCFamC2F 1695
File number(s): PAC 1838 of 2023 Judgment of: JUDGE NEWBRUN Date of judgment: 2 December 2024 Catchwords: FAMILY LAW – PROPERTY – Just and equitable orders made. Legislation: Family Law Act 1975 (Cth) ss 75, 79 Cases cited: Lotta & Lotta [2017] FamCA 50 Division: Division 2 Family Law Number of paragraphs: 47 Date of hearing: 21 November 2024 Place: Parramatta Counsel for the Applicant: Ms Mattar Solicitor for the Applicant: Lamrocks Solicitors Counsel for the Respondent: The Respondent appeared in person ORDERS
PAC 1838 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS BRODA
Applicant
AND: MR BRODA
Respondent
ORDER MADE BY:
JUDGE NEWBRUN
DATE OF ORDER:
2 DECEMBER 2024
ON A FINAL BASIS THE COURT ORDERS THAT:
1.Within 56 days of the date of these Orders, the Respondent Husband shall pay to the Applicant Wife the sum of $89,629.
2.Simultaneously with the payment referred to in Order 1 above, the Respondent Husband shall provide the Applicant Wife with the title deeds to the property at 1 B Street, Town C, Victoria being Volume … Folio …, Crown Allotment … Section … Township of Town C, Crown Allotment … Section … Township of Town C and Crown Allotment … Section … Township of Town C Parish of Region D.
3.Simultaneously with the payment referred to in Order 1 above, the Applicant Wife shall:
(a)Do all acts and sign all documents necessary to transfer her right, title and interest in the property known as 2 B Street, Town C in the state of Victoria being the whole of the land contained in Volume … Folio … being Crown Allotment … Section … Township of Town C Parish of Region D (‘the Victoria Property’) to the Respondent Husband and from the date of these Orders, the Respondent Husband shall be solely liable for all outgoings payable in relation to the Victoria Property;
(b)Do all acts and provide all consents and sign all documents as are necessary to cause the Legal Aid Commission of NSW (“the Caveator”) to withdraw Caveat number … secured over the Victoria Property.
4.In the event that the Respondent Husband fails to make the payment referred to in Order 1 within 56 days of the date of these Orders, then within a further 21 days the parties shall sign all documents and do all things necessary to cause the Victoria Property to be sold at the earliest possible date by private treaty and the proceeds of sale be disbursed in the following manner and priority:
(a)In payment of agents’ commission, advertising expenses, conveyancing adjustments and legal expenses of the sale;
(b)In payment of costs incurred in relation to the nomination of a real estate agent (if any), in payment of costs incurred in relation to the nomination of a solicitor (if any) and in payment of costs in relation to determination of value or selling price by the President of the Victorian Division of the Australian Property Institute or his/her nominee (if any);
(c)In payment to the Applicant Wife of the following sum:(i)The sum of $89,629 if the sale price of the Victoria property is $110,000, or;
(ii)If the sale price of the Victoria Property is greater than $110,000, then the Applicant wife shall receive the sum of $89,629 plus 67.5 per cent of each dollar by which the sale price of the Victoria exceeds $110,000.
(d)In payment to the Respondent Husband of the balance then remaining.
5.For the purposes of Order 4 above, the Real Estate Agent to act in respect of the sale shall be as agreed by the parties and, failing agreement within seven (7) days of default of Order 1, shall be a Real Estate Agent appointed by the President of the Real Estate Institute of Victoria or his/her nominee.
6.For the purposes of Order 4 above, the Solicitor or Conveyancer to act in respect of the sale shall be as agreed by the parties and, failing agreement within seven (7) days of default of Order 1, shall be a Solicitor appointed by the President of the Law Institute of Victoria or his/her nominee.
7.For the purposes of Order 4 above, the listing price and sale price for the Victoria property shall be as agreed between the parties and, failing agreement within seven (7) days of default of Order 1, shall be at the sale price determined by the President of the Victorian Division of the Australian Property Institute or his/her nominee and the listing price shall be in accordance with the recommendation by the real estate agent acting on the sale.
8.In the event there is not an exchanged sale of the Victoria Property by private treaty pursuant to Order 4 above within 20 weeks of the date of listing for sale, then the parties shall forthwith do all things necessary to cause the Victoria Property to be sold by public auction at the earliest possible date at a price to be agreed upon between the parties or nominated by the President of the Victorian Division of the Australian Property Institute or his/her nominee at a reserved price agreed upon between the parties and failing agreement to be determined by the President of the Victorian Division of the Australian Property Institute or his/her nominee and on completion of sale the proceeds of sale shall be disbursed as provided for in Order 4 above save that the parties shall, prior to distribution of proceeds to them personally equally pay and bear as and when they fall due all costs associated with the auction process.
9.In the event that the Victoria Property is not sold by public auction in accordance with Order 8 above after the first auction takes place, then the parties shall do all things forthwith to resubmit the property for sale by private treaty at the earliest possible date at a price to be agreed between the parties and failing such agreement to be determined by the President of the Victorian Division of the Australian Property Institute or his/her nominee and that the proceeds of sale be disbursed in accordance with Orders 4 above.
10.Within 21 days of the date of these Orders, the Applicant Wife shall propose to the Respondent Husband three days each with a three hour window for her to attend the former matrimonial home at 2 B Street, Town C, Victoria to collect her personal items, personal effects and belongings, Motor Vehicle 1 and Motor Vehicle 2.
11.In the event that the Respondent Husband does not elect a day nominated by the Applicant Wife pursuant to Order 10 within seven (7) days of being provided with three dates, then the Applicant Wife shall be at liberty to decide which of the three dates and times she attends 2 B Street, Town C Victoria and will confirm such date in writing to the Respondent Husband at least seven days prior to her attendance.
12.For the purposes of Orders 10 and 11 above, the Respondent Husband shall not be present at 2 B Street, Town C, Victoria on the day nominated by the Applicant Wife to attend this property, in accordance with this Order.
13.A base amount of $92,093 is allocated, as required by section 90XT(1)(a) of the Family Law Act 1975 (Cth) to the Applicant Wife out of the Respondent Husband's interest in the Trustee for Super Fund 1 ("the Fund") DOB: 1971.
14.In accordance with section 90XT(1 )(a) of the Family Law Act 1975 (Cth), the Court:
(a)Creates an entitlement on the part of the Applicant Wife to be paid the amount calculated in accordance with part 6 of the Family Law (Superannuation) Regulation 2001 (Cth); and
(b)Makes a corresponding reduction in the entitlement to the Applicant Husband or such other person whom a splittable payment may be made or would have had in the Fund but for this Order.
15.Whenever the Trustee for Super Fund 1, ("the Trustee") makes a splittable payment out of the Respondent Husband's interest in the fund, the Trustee shall do all acts and things and sign all documents as may be necessary to pay the entitlement created in Order 14 above in accordance with the requirements of the Family Law Act 1975 (Cth) and the Family Law (Superannuation) Regulations2001 (Cth).
16.Orders 13 to 15 above have effect from the operative time, and the operative time is four (4) business days after the service of a sealed copy of these Orders on the Trustee.
17.These Orders bind the Trustee of the Fund.
18.As between the Applicant Wife and the Respondent Husband, and subject to the above Orders and pursuant to section 78 of the Family Law Act 1975 (Cth) the Applicant Wife shall retain all interests in and entitlement to:
(a)Any motor vehicles registered in her sole name;
(b)Motor Vehicle 3 ;
(c)Motor Vehicle 1;
(d)Motor Vehicle 4;
(e)Motor Vehicle 2;
(f)Her interest in the property known as and situate at 1 B Street, Town C, Victoria being Volume … Folio …, Crown Allotment … Section … Township of Town C, Crown Allotment … Section … Township of Town C and Crown Allotment … Section … Township of Town C Parish of Region D;
(g)Motor Vehicle 5;
(h)Motor Vehicle 6;
(i)Bank accounts held in her sole name;
(j)All personal property now in her respective possession or control;
(k)All shares, debentures, in unit trusts, bank, building society or credit union accounts standing in her sole name respectively including her E Company Shares; and
(l)All interests in life insurance policies and superannuation funds standing in her sole name respectively.
19.As between the Applicant Wife and the Respondent Husband, and subject to the above Orders and pursuant to section 78 of the Family Law Act 1975 (Cth) the Respondent Husband shall retain all interests in and entitlement to:
(a)Any motor vehicles registered in his sole name;
(b)Motor Vehicle 7;
(c)Bank accounts held in his sole name;
(d)All personal property now in his respective possession or control;
(e)All shares, debentures, in unit trusts, bank, building society or credit union accounts standing in his sole name respectively; and
(f)All interests in life insurance policies and superannuation funds standing in his sole name respectively.
20.The Applicant Wife shall be solely liable for all sums of money lent to the parties by Ms F and Mr G during the relationship.
21.The Applicant Wife shall be declared solely responsible as between the Applicant Wife and the Respondent Husband for all liabilities in her sole name, and the Applicant Wife indemnifies the Respondent Husband and shall forever keep the Respondent Husband indemnified with respect to any and all of the Applicant Wife's personal liabilities.
22.The Respondent Husband shall be declared solely responsible as between the Applicant Wife and the Respondent Husband for all liabilities in his sole name and the Respondent Husband indemnifies the Applicant Wife and shall forever keep the Applicant Wife indemnified with respect to any and all of the Respondent Husband's personal liabilities.
23.Each party shall do all things necessary, including providing all consents to give effect to these Orders in the time periods prescribed in these Orders.
24.In the event that either party refuses or neglects to comply with any of these Orders in relation to the execution of any deed, instrument or document the Court appoints and authorises pursuant to section 106A of the Family Law Act a Judicial Registrar of the Federal Circuit and Family Court of Australia to execute such deed, instrument or document in the name of the party who so refuses or neglects and further appoints that Registrar to do all acts and things necessary to give validity and operation to the deed, instrument or document.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
INTRODUCTION
These are Reasons for Judgment relating to a final property hearing held before the Court on 21 November 2024.
The applicant wife appeared, legally represented. The respondent husband appeared without legal representation.
These proceedings were originally listed for final hearing on 6 June 2024 but were not reached on that date.
PROPOSALS
The applicant seeks orders as set out in her Case Outline filed 31 May 2024.
The respondent seeks orders as set out in his Response filed 27 September 2024.
MATERIAL RELIED UPON
The wife relied upon:
(a)Her affidavit filed 30 April 2024;
(b)Affidavit of Mr G filed 30 April 2024;
(c)Affidavit of Ms F filed 30 April 2024;
(d)Her Financial Statement filed 13 March 2024;
(e)Her Case Outline filed 31 May 2024.
The husband relied upon:
(a)His affidavit filed 1 May 2024 (and the last page of this affidavit referred to the husband’s proposed orders);
(b)His Financial Summary filed 20 August 2023;
(c)His Case Outline filed 5 August 2024.
The following documents became exhibits:
(a)Exhibit A: NAB statements of husband;
(b)Exhibit B: Further NAB statements of husband;
(c)Exhibit C: Superannuation documents from ATO to Federal Court of Australia regarding husband’s superannuation interests;
(d)Exhibit D: Superannuation procedural fairness letters;
(e)Exhibit E: Wife’s balance sheet.
EVIDENCE
The Court has considered the documentary material relied upon by the parties discussed above, and the parties’ oral evidence. The standard of proof applied by the Court in respect to the evidence is the balance of probabilities. The Court does not propose to set out the entirety of the evidence. Relevant evidence relating to the issues to be determined will be set out under the headings, “Balance sheet”, “Contributions”, and “Section 75(2)”.
LEGAL PRINCIPLES
In Lotta & Lotta [2017] FamCA 50 Foster J stated:
281 The approach to the determination of an application under s 79 of the Act is set out in Stanford v Stanford (2012) 247 CLR 108 and further considered by the Full Court in Bevan & Bevan [2014] FamCAFC 19, Chapman & Chapman (2014) FLC 93–592 and Scott & Danton [2014] FamCAFC 203.
282The Court must identify the existing legal and equitable interests of the parties in the property, the liabilities and financial resources of the parties at the time of the hearing and then whether it is just and equitable to make a property settlement order.
283Such a consideration should not be guided by an assumption that the parties’ rights to or interests in property are or should be different from those that then exist. The question is whether those rights and interests should be altered.
284There is no presumption that one or other party has the right to have the property of the parties divided between them or a right to an interest in marital property that is fixed by reference to the various matters in s 79(4). The Court needs to conclude that it would be unjust or unfair to leave property rights intact under s 79(2) of the Act.
285In many cases this requirement is readily satisfied where the parties are no longer in a marital or de facto relationship and, thus, for example, the common ownership or use of property by husband and wife will no longer be possible or the express or implicit assumptions that underpinned existing property arrangements such as the accumulation of assets or financial resources by one for the benefit of both have been brought to an end with the relationship.
286In particular, such a circumstance arises where both parties seek property adjustment orders but are unable to agree as to same. Here the wife seeks an order for adjustment of property and the husband contends that there should be no such adjustment.
287It is thus important to ascertain the present property and resources of the parties so as to facilitate a consideration of the s 79(2) question.
288In some circumstances it is not possible to determine whether it is just and equitable to make adjustment orders as to the parties’ present property rights without a consideration of s 79 (4) matters.
289Section 79(4) requires a consideration of the contributions made by the parties as defined in s 79(4)(a) to (c). The Court must then consider s 79(4)(d) to (g) in particular the subjective considerations as to the parties by having regard to the provisions of s 75(2) in so far as they are relevant (s 79(4)(e)).
290The Court can then consider the “justice and equity” of the actual orders to be made: Russell & Russell (1999) FLC 92–877; Teal & Teal [2010] FamCAFC 120, in the context of the Court’s obligation to make “appropriate orders” as provided for in s 79(1) of the Act.
BALANCE SHEET
The balance sheet of the wife is now set out (the husband did not provide a formal balance sheet):
BALANCE SHEET Description Ownership Agreed value ASSETS 1. 1 B Street, Town C VIC [Wife] $ $70,000 2. 2 B Street, Town C VIC Joint $ $110,000 3. H Bank #...10 [Wife] $ $3 4. Motor Vehicle 4 [Wife] $ $12,500 5. Motor Vehicle 9 [Wife] $ $22,500 6. E Company (… shares, 4.92 per share) [Wife] $ $3,768 7. Motor Vehicle 3 – before relationship
Motor Vehicle 1
Motor Vehicle 2* (see notes below)[Wife] $
$5,500
8. [Wife] 9. [Wife] 10. NAB Account [Husband] $ $2,263 11. Motor Vehicle 6 [Wife] $ $5,000 12. Motor Vehicle 7 [Husband] $ $17,500 13. Portable Home* (see notes below) [Wife] $ $40,000 14. Motor Vehicle 5 [Husband] $ $5,000 Assets subtotal (excluding portable home and Motor Vehicle 3
$248,534$294,034 LIABILITIES 1. Debt owed to parents [Wife] $35,000 $6,500 Liabilities subtotal $35,000 $6,500 SUPERANNUATION Name of Fund Type of Interest Member Applicant’s value Respondent’s value 1. Super Fund 2 Accumulation Interest [Wife] $3,878.43 $3,878.43 2. Super Fund 3* (see notes below) Accumulation Interest [Husband] $182,831.46 $182,831.46 3. Super Fund 1 Accumulation Interest [Husband] $7,224.32 $7,224.32 $Superannuation subtotal $197,934.21 $193,934.21 TOTAL (assets – liabilities) $213,534 $287,534 TOTAL (assets – liabilities + superannuation) $400,243.89 $481,468.21 FINANCIAL RESOURCES Description Ownership Applicant’s value Respondent’s value 1. Total $0 $0 OTHER Description Ownership Applicant’s value Respondent’s value 2. Other subtotal $0 $0 Total (assets – liabilities + superannuation + financial resources + other) $400,243.89 $481,468.21
(As per original)
Following oral evidence, it became clear that:
(a)Items 3 and 10, the parties’ bank accounts, related to post separation separate income of the parties and should be deleted from the balance sheet.
(b)As to item 5, Motor Vehicle 9, that car had been repossessed by the finance company; it should be deleted from the balance sheet.
(c)As to item 6, the E Company shares of the wife, there was no evidence that those shares, issued to the wife for no consideration by E Company, arose out of the parties’ relationship, and they should be deleted from the balance sheet.
(d)As to item 7, the wife’s Motor Vehicle 3 was acquired by her prior to the relationship and should be deleted from the balance sheet. It was agreed between the parties that items 8 and 9, two vehicles, should each have a value of $1,833.
(e)As to item 11, the Motor Vehicle 6, that vehicle was riddled with rust, was not registered and had not been driven for many years and had no value, and it will be deleted from the balance sheet.
(f)As to item 12, Motor Vehicle 7 of the husband, it was purchased by the husband in 2021 after the relationship had ended in early 2020. It should be deleted from the balance sheet.
(g)As to item 13, the portable house, it is in fact owned by the wife’s parents, and is probably without any significant value. It should be deleted from the balance sheet.
(h)As to item 14, Motor Vehicle 5, it had been purchased by the husband during the relationship, and it shall remain in the balance sheet.
(i)As to item 1 under “Liabilities”, the alleged debt owed to the wife’s parents, the husband, who had chosen not to cross-examine the wife’s parents in relation to their affidavits, in closing submissions, conceded that the parents had loaned the parties monies to buy 1 B Street, Town C, but they had only lent $31,000. The Court will insert $31,000 into the balance sheet for this liability. Even had the husband not made this concession, based upon the wife’s evidence and that of her parents, and by reference to the bank statements in Exhibit B, the Court would have made the same findings as to this liability.
The final balance sheets accordingly will be as follows:
BALANCE SHEET Ownership Description Value Assets 1 W 1 B Street, Town C VIC $70,000 2 J 2 B Street, Town C VIC $110,000 3 W Motor Vehicle 4 $12,500 4 W Motor Vehicle 1 $1,833 5 W Motor Vehicle 2 $1,833 6 H Motor Vehicle 5 $5,000 Total $201,166 Liabilities 7 W Debt owed to parents $31,000 Total $31,000 Superannuation Member Name of Fund Type of Interest Value 8 W Super Fund 2 Accumulation $3,878 9 H Super Fund 1 Accumulation $182,831 10 H Super Fund 1 Accumulation $7,224 Total $193,933 Net Total Assets Total $364,099
Accordingly, the parties’ assets are $201,166. Their liabilities are $31,000. Their superannuation assets are $193,933. Thus their total net assets including superannuation is $364,099.
SECTION 79(2) OF THE ACT
The Court is satisfied that it is just and equitable in this case to alter the property interests of the parties in light of the breakdown of their relationship, the fact that they will no longer have the joint use and enjoyment of their property, and the fact that the continuance of the current legal ownership of their property would not afford them justice and equity.
CONTRIBUTIONS
The parties commenced cohabitation in late 2014 and they separated in early 2020; a relationship of about 5 years. One child was born to their relationship, X, born in 2017.
During the relationship, the wife stayed at home and looked after and maintained the household and was (and remains) the primary carer of the child. The husband worked as a transport worker during the parties’ relationship and was usually on the road during the working week, and he contributed his income to the benefit of the family. These contributions by the wife and the husband respectively, were significant.
From the beginning of the relationship, the parties, until they moved into the property at 2 B Street, Town C, Victoria, in late 2018, lived in a portable residential structure on the wife’s parents’ property in Sydney. The structure has two bedrooms, a lounge room and a bathroom. They paid no formal rent but did pay a half share of electricity bills to the wife’s parents.
The husband, in 2018, paid the full purchase price of the parties’ jointly owned property at 2 B Street, Town C, Victoria, in the sum of $50,000.
In early 2019, the parties borrowed $31,000 from the wife’s parents to purchase 1 B Street, Town C, with the property being purchased for $30,000 and placed into the wife’s sole name. This loan has never been repaid. During the relationship and thereafter the wife’s parents paid the council rates for this property
Utilising the husband’s employment income, during the relationship:
(a)Motor Vehicle 8 was purchased for $5,500 from the wife’s mother in 2014, for the purpose of transporting the wife’s animals. This was later sold for $3,000, with that money being utilised to purchase a part for Motor Vehicle 4 referred to below.
(b)Motor Vehicle 4 was purchased on finance, with the husband attending to the repayments. The wife has utilised this vehicle to date and it registered in her name.
(c)Motor Vehicle 9 was purchased on finance, with the husband attending to the repayments until it was repossessed by the finance company.
(d)Motor Vehicles 1 and 2 were purchased by the husband, being referred to in the balance sheet, with the wife paying registration fees of $138 each year over a period of five years for both vehicles.
(e)Motor Vehicle 5 was purchased by the husband, and referred to in the balance sheet.
The husband had utilised a tax refund of $6,959 in mid-2014 (with the tax refund being obtained by reason of the husband previously acting as a carer for his late father) which was spent on renovations to the portable residential structure on the wife’s parents’ property together with payment of electricity on that property.
The parties and the wife’s parents both attended, and various times during the relationship, to repairs and renovation work to the above properties at B Street.
During the relationship, the wife did some casual employment work earning minimal income; this income was used to purchase cigarettes or pay for feed for animals she owned.
As to superannuation assets, there is no significant evidence before the Court as to what the husband’s superannuation assets were valued as at the start of their relationship in 2014. It is likely that the wife’s contribution as homemaker and/or parent, both during the relationship and post separation, indirectly contributed to the accumulation of the husband’s superannuation entitlements because they enabled the husband to earn income to the extent that he has earned such income.
The wife’s superannuation entitlements only commenced in 2023.
Post-separation to date, a period approaching 5 years, the wife has remained the primary carer of the child, which represents a significant contribution by her. The child has not spent time with the husband since the child was 3 years old. The evidence reveals (see the March to May 2024 bank statements of the husband in Exhibit A) that the husband paid child support in the sum of about $750 per month on two occasions in April and May 2024.
The wife contended that her contributions should be assessed at 60 per cent. The husband made no submissions in this context.
Taking into account all the above discussed matters, and viewing the parties’ contributions holistically, the Court finds that the parties’ contributions to the parties’ net assets including superannuation of $364,099 should be assessed as 60 per cent to the wife and 40 per cent to the husband resulting in a disparity of $72,820 in the wife’s favour.
SECTION 75(2) OF THE ACT
The wife is aged 49 years. The husband is aged 53 years.
The wife’s health is satisfactory, however she did suffer a recent injury at work which may require treatment. She is presently receiving worker’s compensation payments for that injury. The husband’s health is satisfactory.
The husband has a greater earning capacity than the wife. The husband earns about $1,300 per week net as a transport worker. Previously, the husband has earned a greater income as a transport worker. Before the wife’s injury, she was earning $517 per week gross as an administration officer, but only working three days per week (probably by reason of her care of the child). She had only started at work in late 2023. The wife has a medical condition; this disability may well detrimentally affect the wife’s future work capacity in certain employments.
The wife has the primary care of the child, aged 7 years (who will turn 8 years in 2025), and she maintains him. On the evidence before the Court, relating to the husband only having made two payments of child support in 2024, the Court has no confidence that the husband will prospectively pay regular child support in any significant sum. The husband, unfortunately, does not spend time with the child. The child suffers from ADHD and is under the care of a paediatrician, he ingests medication and sees a behavioural psychologist. The child has experienced some behavioural issues. The Court would assess that these issues of the child will likely result in the wife having additional expenses for the child in the future.
The husband resides in the jointly owned property in Victoria. The wife resides with the child in the portable residential structure at her parent’s property. She would like to live with the child in her own property.
The property at 1 B Street is in the name of the wife. Her superannuation asset is only $3,878.
The husband’s superannuation is some $190,055.
The wife submitted that an adjustment of 15 per cent should be made in her favour under section 75(2).
Taking into account the above matters, there should be an adjustment in the wife’s favour of 7.5 per cent.
Accordingly, the Court’s adjusted contributions findings total 67.5 per cent in favour of the wife, and 32.5 per cent in favour of the husband. This results in a disparity of $127,434 in favour of the wife.
JUSTICE AND EQUITY
In respect to the property pool of $364,099, the wife should receive 67.5 per cent, a sum of $245,766, and the husband should receive 32.5 per cent, a sum of $118,332.
Should the wife retain:
(a)1 B Street, Town C: $70,000
(b)Motor Vehicle 4: $12,500
(c)Motor Vehicles 1 and 2, $1,833 each: $3,666
(d)Motor Vehicle 5: $5,000
(e)Her superannuation: $3,878
(f)Receive a superannuation split from the husband’s superannuation of $92,093
total $187,137
and repay the $31,000 debt to her parents,
leaving net $156,137,
and the husband retain:
(a)2 B Street, Town C: $110,000
(b)His superannuation, $190,055, but less a split of that superannuation of $92,093 in favour of the wife, leaving net superannuation of $97,962,
total $207,962,
then the husband will need to pay the wife the sum of $89,629.
The husband, should he wish to retain 2 B Street, should have 8 weeks to pay $89,629 to the wife, failing which 2 B Street should be sold, and from the net proceeds of sale the sum of $89,629 should be paid to the wife with the husband to retain the balance.
If the husband is able to borrow $89,629, he will also have a credit card debt of $28,000 which did not enter the balance sheet, but he will retain 2 B Street to live in.
If the husband cannot borrow $89,629, and 2 B Street is sold, then, after the wife’s receipt of $89,629 from the net proceeds of sale, he will have cash funds of about $20,371 from the net proceeds of sale of 2 B Street, and have superannuation of $97,962. He retains Motor Vehicle 7 for his personal use. He has cash of $1,633. He retains a work capacity as a full time transport worker, and can rent accommodation. If he is able to save income he may in due course be able to purchase real estate, perhaps of a similar nature to 2 B Street.
The wife, who retains the primary care of the child, will have superannuation totalling about $95,971, the property at 1 B Street, Motor Vehicle 4, Motor Vehicles 1 and 2, $89,629 cash from the husband less debt repayment of $31,000 to her parents leaving net $58,629, and modest E Company shares.
The Court is of the view that its proposed property adjustment orders will represent a just and equitable property settlement between the parties.
The Court makes orders accordingly.
I certify that the preceding forty-seven (47) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Newbrun. Associate:
Dated: 2 December 2024
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