BRONSON & BRONSON - [2012] FamCA 244

FAMILY COURT OF AUSTRALIA

BRONSON & BRONSON

[2012] FamCA 244

FAMILY LAW - PROPERTY – Where the Wife seeks a 55% final division in her favour – Where the Husband seeks a range of 55% to 70% final division in his favour

FAMILY LAW - SPOUSAL MAINTENANCE – Where the Wife has substantial health problems and is commercially unemployable – Where the Husband is 71 years of age and plans to retire in 2012

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)

Bevan & Bevan (1995) FLC 92-600
Cerini & Cerini [1998] FamCA 143
Hickey & Hickey (2003) FLC 93-143
In the Marriage of Aroney (1979) 5 Fam LR 535
Norbis v Norbis (1986) FLC 91-712
Nutting & Nutting (1978) FLC 90-410
Omacini & Omacini (2005) FLC 93-218
Rosati & Rosati (1998) FLC 92-804
Saxena & Saxena (2006) FLC 93-268

APPLICANT:

Mr Bronson

RESPONDENT:

Ms Bronson

FILE NUMBER:

SYC

7875

2009

DATE DELIVERED:

23 April 2012

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Sydney

JUDGMENT OF:

Kent J

HEARING DATE:

22-23 November 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Cairns

SOLICITOR FOR THE APPLICANT:

Barkus Doolan Kelly

COUNSEL FOR THE RESPONDENT:

Mr Dura

SOLICITOR FOR THE RESPONDENT:

Dimocks Family Lawyers

Orders

The parties forthwith do all acts and things reasonably required to cause the following amounts to be disbursed from any Controlled Monies Accounts held with the National Australia Bank or any other bank on account of the parties:
(a) the sum of $615,854.45 to the Wife;
(b) the balance to the Husband.
Within 28 days of these Orders the Husband transfer to the Wife all his right, title and interest in and to:
(a)       14 of the 30 woodlots identified as allotment … dated … December 1999 for Lot numbers … – … in Annexure 27 to the Husband’s affidavit filed 20 June 2011 (“Annexure 27”);
(b)       5 of the 12 woodlots identified as allotment number … dated … February 2002 for Lot numbers … – … in Annexure 27;
(c)       9 of the 19 woodlots identified as allotment … dated … February 2003 for Lot numbers … – … in Annexure 27.
As against the Husband, the Wife shall be entitled to retain as the sole and beneficial owner those items of furniture and chattels and artworks identified in Exhibit 3, a copy of which is attached to these Orders, against which the name “[Ms Bronson]” appears.
As against the Wife, the Husband shall be entitled to retain as the sole and beneficial owner those items of furniture and chattels and artworks identified in Exhibit 3, a copy of which is attached to these Orders, against which the name “[Mr Bronson]” appears.
Within 28 days of these Orders the Wife make available for collection by the Husband or his nominee all of those items so identified as the property of the Husband.
That other than as expressly provided otherwise in these Orders, as against the Wife, the Husband shall be entitled to retain the sole and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading BRONSON & BRONSON

Details

AGLC: BRONSON & BRONSON [2012] FamCA 244
Case: [2012] FamCA 244
Decision Date: 23 April 2012

CaseChat Overview and Summary

In *Bronson & Bronson*, the wife sought a 55% division of the marital property in her favour, while the husband sought a division ranging from 55% to 70% in his favour. The wife also sought spousal maintenance, citing substantial health problems and commercial unemployability, whereas the husband, aged 71, planned to retire. The matter came before Kent J.

The court was required to determine the appropriate final division of the parties' property and whether spousal maintenance should be ordered. This involved assessing the financial resources of each party, their respective needs, and the contributions each had made to the marriage.

Kent J ordered a disbursement of $615,854.45 from controlled monies to the wife, with the balance to the husband. The husband was also ordered to transfer specific woodlots to the wife. The division of furniture, chattels, and artworks was determined by their allocation to either the husband or wife as listed in Exhibit 3. The court further ordered the husband to pay the wife $1,000 per week for spousal maintenance until 28 December 2012. Each party was declared the sole legal and beneficial owner of other property in their possession or control, with mutual indemnities for debts in their respective names.

Orders

Orders of the court

The parties forthwith do all acts and things reasonably required to cause the following amounts to be disbursed from any Controlled Monies Accounts held with the National Australia Bank or any other bank on account of the parties:

(a) the sum of $615,854.45 to the Wife;

(b) the balance to the Husband.

Within 28 days of these Orders the Husband transfer to the Wife all his right, title and interest in and to:

(a) 14 of the 30 woodlots identified as allotment … dated … December 1999 for Lot numbers … – … in Annexure 27 to the Husband’s affidavit filed 20 June 2011 (“Annexure 27”);

(b) 5 of the 12 woodlots identified as allotment number … dated … February 2002 for Lot numbers … – … in Annexure 27;

As against the Husband, the Wife shall be entitled to retain as the sole and beneficial owner those items of furniture and chattels and artworks identified in Exhibit 3, a copy of which is attached to these Orders, against which the name “[Ms Bronson]” appears.

As against the Wife, the Husband shall be entitled to retain as the sole and beneficial owner those items of furniture and chattels and artworks identified in Exhibit 3, a copy of which is attached to these Orders, against which the name “[Mr Bronson]” appears.

Within 28 days of these Orders the Wife make available for collection by the Husband or his nominee all of those items so identified as the property of the Husband.

That other than as expressly provided otherwise in these Orders, as against the Wife, the Husband shall be entitled to retain the sole and beneficial ownership of:

(a) His share of the Controlled Monies Accounts as provided for in paragraph 1 of these Orders;

(b) His shareholdings in Mr Bronson Pty Ltd;

(d) His personal effects including the contents presently in his possession;

(e) The interim payment he received from the sale proceeds of … M Street, Suburb A, in the amount of $129,612.00;

(f) His interest in the Mr Bronson Family Trust;

(g) His paid legal fees;

(h) His Citibank Visa Credit Card debt;

(i) His ANZ Visa Platinum and Amex Platinum debt;

(j) His interest in the Mr Bronson Superannuation Fund; and

(k) The furniture, chattels and artworks referred to in paragraph 4 of these Orders.

Other than as expressly provided otherwise in these Orders, as against the Husband, the Wife shall be entitled to retain the sole and beneficial ownership of:

(a) Her share of the Controlled Monies Accounts as provided for in paragraph 1 of these Orders;

(b) Her personal effects including the contents presently in her possession;

(d) Her jewellery;

(e) The interim payment she received from the sale proceeds of … M Street, Suburb A, in the amount of $100,000.00;

(f) Her paid legal fees;

(g) The balance of the two payments of $50,000.00 she received, being $77,796.00;

(h) Her Visa Platinum credit card debt; and

(i) The furniture, chattels and artworks referred to in paragraph 4 of these Orders.

The Husband indemnify the Wife in respect of all liability whatsoever which the Wife may have whether now or in the future and whether alone, jointly and/or severally with the Husband and/or any other person and/or the Mr Bronson Family Trust to any creditor of the Trust pursuant to any guarantee and/or indemnity howsoever arising and without limiting the generality of the foregoing, pursuant to any guarantee given by the Wife whether alone, jointly and/or severally to the National Australia Bank Limited in respect of any loan or other facility provided to O Pty Limited and C Pty Limited.

Other than expressly provided in these Orders, the Husband and the Wife each be declared the sole legal and beneficial owners of all other items of property presently in their respective possession or control including, but not limited to, money, shares, real property, motor vehicles, entitlements to superannuation, furniture, furnishings and personal effects.

10.

Each party shall indemnify the other in relation to any claim arising from debts in each party’s name respectively, and each shall release the other from all debts arising from one to the other.

SPOUSAL MAINTENANCE

11.

Commencing within seven days of the date of these Orders and until 28 December 2012, the Husband shall pay directly to the Wife for her maintenance the sum of $1,000.00 per week, such payment to be made monthly by direct deposit into the Wife’s nominated bank account.

12.

All outstanding applications be otherwise dismissed.

LIST OF FURNITURE

CONTAINED

… M STREET, SUBURB A

ROOM FURNITURE APPROX. Husband/ TO BE

COST Wife SOLD

LOUNGE ROOM

2 Lounge Chairs

500.00

WIFE

2 Side Tables

200.00

WIFE

1 Hall Table

2,000.00

HUSBAND

1 TV Cabinet

1,000.00

WIFE

1 Plasma TV

2,000.00

WIFE

1 Coffee Table

500.00

WIFE

DINING ROOM

1 Antique Table

2,000.00

WIFE

6 Antique Chairs

2,000.00

WIFE

1 Antique Sideboard

2,000.00

WIFE

SITTING ROOM

1 Antique Bookcase

2,000.00

WIFE

2 Coffee Tables

500.00

WIFE

1 Antique Lounge

2,000.00

WIFE

2 Chairs

500.00

HUSBAND

KITCHEN

1 Refrigerator

1,000.00

WIFE

1 Microwave

200.00

WIFE

STUDY

1 Antique Desk

2.000.00

HUSBAND

1 Bookcase

500.00

HUSBAND

1 Side Table

1,000.00

WIFE

1 Chesterfield Lounge Chair

500.00

WIFE

DOWNSTAIRS SUN ROOM

1 Mirror

500.00

HUSBAND

1 Lounge

100.00

WIFE

1 Hall Table

1,000.00

WIFE

2 Side Tables

200.00

HUSBAND

MAIN BEDROOM

1 King Size Bed

1,000.00

WIFE

2 Side Tables

200.00

WIFE

1Antique Dressing Table

2,000.00

WIFE

1 Antique Lounge

1,000.00

WIFE

1 Mirror

500.00

WIFE

1 Hall Table

1,000.00

WIFE

1 Mirror

500.00

WIFE

ROOM FURNITURE APPROX. HUSBAND/ TO BE

COST WIFE SOLD

OUTDOORS

1 Table and 6 Chairs

1,000.00

WIFE

1 Table and 2 Chairs

300.00

WIFE

1 Barbecue

500.00

WIFE

ROOM PAINTINGS APPROX. HUSBAND/ TO BE COST WIFE SOLD

LOUNGE ROOM

1 Artist 1

7,000.00

HUSBAND

1 Artist 2 (?) Abstract

2,000.00

WIFE

2 Small Prints

1,000.00

HUSBAND

SITTING ROOM

1 Artist 3 Lithograph

1,500.00

HUSBAND

1 Artist 3 Lithograph

1,000.00

HUSBAND

DINING ROOM

2 English Landscapes

1,000.00

HUSBAND

2 Prints (Flowers & Landscape)

1,000.00

WIFE

STAIRCASE WALL

1 Large Flowers

500.00

WIFE

1 Artist 4 Landscape

1,500.00

HUSBAND

2 Landscapes

1,000.00

WIFE

STUDY

1 … Scene

500.00

WIFE

1 Watercolour of Flowers

500.00

HUSBAND

DOWNSTAIRS SUNROOM

1 Original Landscape

5,000.00

HUSBAND

2 Prints

500.00

WIFE

MAIN BEDROOM

4 Prints (Flowers)

2,000.00

WIFE

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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