C and C

[2003] FMCAfam 145

FEDERAL MAGISTRATES COURT OF AUSTRALIA

C & C [2003] FMCAfam 145

FAMILY LAW – Property – extent of property – outstanding professional fees – whether domestic violence should affect contribution – whether adjustment should be made for needs.

Family Law Act 1975

Kennon v Kennon (1997) FLC 92-757
Doherty v Doherty (1996) FLC 92-652
JEL v DDF (2001) FLC 93-075

Applicant: M E C

Respondent: R I C

File No: ZM 6438 of 2001

Delivered on: 9 May 2003

Delivered at: Melbourne

Hearing Dates: 25 & 26 July, 13 August 2002

Judgment of: Phipps FM

REPRESENTATION

Counsel for the Applicant: Mr P M O'Shannessy

Solicitors for the Applicant: Fleming Muntz

Counsel for the Respondent:

In person on 25 & 26 July 2002

Mr Devries on 13 August 2002

Solicitors for the Respondent: Kempson and Co.

ORDERS

1. THAT the Husband and the Wife do all such acts and things and sign all such documents as may be required to sell all their right, title and interest in the real property and the water license relating to the property known as “S” in accordance with paragraph 3 of the Order made 19 February 2002.

2. THAT upon completion of the sale, the proceeds of the sale be applied:

   (i)First, to pay all costs, commissions and expenses of the sale;

   (ii)Second, to discharge the mortgage and any other income payments affecting the real property;

   (iii)Third, 55 per cent of the balance then remaining be paid to the Wife;

   (iv)Fourth, from the balance then remaining, the sum of $12,307.70 to the Wife;

   (v)Fifth, the balance then remaining to the Husband.

3. THAT if not already sold, the parties do all such acts and things and sign all such documents as required to sell all shares held by the parties including but not limited to the NRMA shares, R G shares and W B shares as required by paragraph 5 of the Order made 19 February 2002 and that the proceeds be paid into the parties B B joint account number 116341108.

4. THAT the B B account be divided 55 per cent to the Wife and 45 per cent to the Husband.

5. THAT the Husband indemnify the Wife in relation to all income taxation and goods and services tax in respect of the Husband’s valuation business and any profit or income from the parties farming business.

6. THAT if found, the following shall remain the property of the Husband:

   (i)the Husband’s gold medal and clasp;

   (ii)the Husband’s calling collections;

   (iii)the Husband’s gold necklace and chain.

7. THAT otherwise, each party be solely entitled to the exclusion of the other to all property (including choses in action) in the possession of such party at the date of these Orders.

8. THAT the Husband be liable for and indemnify the Wife against all payments in respect of the loan for the motorcar which he drives and retains pursuant to these Orders.

9. THAT each party forgoes any claim they may have to superannuation benefits belonging to or earned by the other.

10. THAT insurance…