FAMILY COURT OF AUSTRALIA
| BRODIE & BRODIE | [2008] FamCA 26 |
| FAMILY LAW – PROPERTY – Division of pool after eleven years of marriage – s 79(4) and s 75(2) considerations – the main redistribution issue concerned the significance of the husband’s sizeable initial capital contribution that had been improved and appreciated in value partly due to parties’ unequal efforts and market forces – Held: Pool of $3,571,000 in assets and over $1M in superannuation shared 75 % to the husband on contribution reduced to 68.5% after adjustment. |
| APPLICANT: | Mrs Brodie |
| RESPONDENT: | Mr Brodie |
| FILE NUMBER: | (P)BRF | 953 | of | 2006 |
| DATE DELIVERED: | 25th January 2008 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Carmody J |
| HEARING DATE: | 22, 23, 24, 25 and 26 October 2007 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Mr Cooper of Charles Cooper Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Kirk of Senior Counsel |
| SOLICITOR FOR THE RESPONDENT: | Hopgood Ganim Lawyers |
Orders
The parties are directed to consult and agree on the formal terms of order to give effect to my decision or if they cannot agree file proposed drafts by no later than 4.00 pm on 14th February 2008.
IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Carmody delivered this day will for all publication and reporting purposes be referred to as Brodie.
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: (P)BRF953 of 2006
| Mrs Brodie |
Applicant
And
| Mr Brodie |
Respondent
REASONS FOR JUDGMENT
Introduction
This is a property settlement dispute over net assets of around $4-5M. The parties competing past contribution and future needs based claims are about $1M apart.
The husband concedes no more than a 15 percent share on his figures or $600,000 - $750,000 to the wife. She seeks approximately $1,600,000-$2,000,000 or 40 % of her value of the pool as well as spouse maintenance.
The most important issue of principle of is how the court should compare and balance up the total contribution of the parties during an eleven year virtually childless marriage when one of the parties had comparatively significant wealth and a high income earning capacity to begin with and the other started and ended with owing more than she owns.
Step 1: The pool
The available property on the wife’s figures is worth $3,863,653 (actual) and $4,942,718 (notional) compared with the husband’s estimate of $3,828,256 (actual) and $4,181,040 (notional).
Agreed assets and liabilities
Assets
Owner
Value
W Property
Husband
$1,350,000
Honda
Joint
$18,000
Mercedes Benz
Wife
$40,000
Cruiser
Husband
$45,000
H Furniture
Co-owned
- pre-separation
$8,085
- post-separation
$8,852
$17,444
Jewellery
Wife
$10,400
Bank balance
Wife
$3,000
$1,500,781
Corporate/Trusts
Accounting Trust
$332,993
S Trust
($14)
E Pty Ltd
$205,744
Family Trust
$1,127,802
$2,408,537
Superannuation
Brodie Super Fund
Husband
$1,021,077
Superannuation
Wife
$46,154
$1,067,231
Loans
Husband
$428,881
Wife
($121,425)
Loan to L Business
$35,795
$343,251
Agreed Add backs
Wife’s legal costs
$89,806
Husband’s prepaid legal costs
$88,360
Wife’s pre-trial partial settlement
$50,000
$228,165
Total Assets
$4,041,818
Liabilities
Income tax payable on realised gains
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- AGLC
- Brodie and Brodie [2008] FamCA 26
- Case
- [2008] FamCA 26
- Decision Date
CaseChat Overview and Summary
The central legal issue before Carmody J was the determination of how the parties' property should be divided. This required the Court to assess the contributions of each party, their financial circumstances, and any other relevant factors to arrive at a just and equitable outcome.
Carmody J's reasoning and the legal principles applied are not elaborated upon in the provided excerpt. However, the outcome of the proceedings was that the parties were directed to consult and agree on the formal terms of the orders to give effect to the Court's decision. If agreement could not be reached, they were to file proposed drafts of the orders by a specified date.
Orders
Orders of the court
1.
The parties are directed to consult and agree on the formal terms of order to give effect to my decision or if they cannot agree file proposed drafts by no later than 4.00 pm on 14th February 2008.
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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