Cartas and Dennis

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FEDERAL CIRCUIT COURT OF AUSTRALIA

CARTAS & DENNIS [2014] FCCA 12
Catchwords:
FAMILY LAW – Property settlement – property pool – contributions –section 75(2) factors.

Legislation:

Family Law Act 1975

Federal Magistrates Act 1999

Federal Magistrates Court Rules 2001

Stanford v Stanford [2012] HCA52
Bevan & Bevan [2013] FamCAFC 116
Jones v Dunkel (1995) 101 CLR 298
McMahon & McMahon (1995) FLC 92-606
Applicant: MR CARTAS
Respondent: MS DENNIS
File Number: MLC 8054 of 2011
Judgment of: Judge McGuire
Hearing dates:

28 – 29 June 2012

10 – 11 September 2012
20 December 2012
27 February 2013
26 June 2013

Date of Last Submission: 18 September 2013
Delivered at: Melbourne
Delivered on: 29 January 2014

REPRESENTATION

Counsel for the Applicant: Mr R Hoult
Solicitors for the Applicant: Coote Family Lawyers
Counsel for the Respondent: Mr G Glover
Solicitors for the Respondent: Richelle Scherman

ORDERS

  1. That the wife pay to the husband a lump sum of $34,762 within twenty-eight (28) days of the date of these orders.

  2. That within twenty-eight days of the date of these orders the husband transfer and/or vest to the wife all his right title and interest in the following absolutely:

    (i)The business “(business omitted)”;

    (ii)All personalty and chattels in the possession of or under the control of the wife or at the date of these orders;

    (iii)Any motor vehicle registered in the name of the wife or in the wife’s possession as at the date of these orders;

    (iv)The balances of any bank accounts in the name of or to the benefit of the wife as at the date of these orders;

    (v)The wife’s beneficial interest in any superannuation policies or funds including the Cartas Superannuation Fund No.1 subject to these orders

    (vi)The wife’s interest in the property at Property D owned as tenant-in-common with her siblings.

  3. That contemporaneously with the transfer orders in paragraph 2 hereof, the wife transfer and/or vest all her right title and interest in the following to the husband absolutely:

    (i)All assets of the (omitted) Trust including real property at Property H(1) and Property H(2) in Victoria;

    (ii)The business “(business omitted)”;

    (iii)The benefit of the loan to Mr G;

    (iv)Any motor vehicle registered in the name of the husband or in the husband’s possession as at the date of these orders;

    (v)All personalty and chattels in the possession of or under the control of the husband or as the date of these orders;

    (vi)The balances of any bank accounts or like investments in the name of or under control of the husband or (omitted) Trust at the date of these orders;

    (vii)The husband’s beneficial interest in any superannuation policies or funds including the Cartas Superannuation Fund No.1 subject to these orders.

  4. That the wife be solely responsible for and indemnify the husband in respect of the following:

    (i)Any and all liabilities attaching to any of the assets retained by the wife pursuant to these orders;

    (ii)Any and all liabilities incurred by the wife since separation in either joint names or in…

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Details
Case
[2014] FCCA 12
Decision Date

CaseChat Overview and Summary

In *Cartas and Dennis*, the parties were a husband and wife involved in family law proceedings concerning the division of their property. The dispute centred on the equitable distribution of various assets and liabilities accumulated during the marriage. The matter was heard and determined by Judge McGuire.

The court was required to determine the appropriate orders for the division of the parties' property and the allocation of their respective liabilities. This involved considering the nature and value of numerous assets, including businesses, real estate, motor vehicles, bank accounts, and superannuation interests, as well as various debts and financial obligations.

Judge McGuire made orders for a significant redistribution of assets and liabilities between the parties. The wife was ordered to pay a lump sum to the husband and to transfer certain assets to him, including a business, personal property, motor vehicles, bank accounts, her superannuation interest, and her interest in a jointly owned property. Conversely, the husband was ordered to transfer certain assets to the wife, including the assets of a trust, another business, a loan benefit, motor vehicles, personal property, bank accounts, and his superannuation interest. The orders also stipulated that each party would be solely responsible for and indemnify the other in respect of liabilities attaching to the assets they retained and liabilities incurred since separation. Liberty to apply was granted within 28 days for any splitting orders concerning a specific superannuation fund or to bring in a consent order.

Orders

Orders of the court

1.

That the wife pay to the husband a lump sum of $34,762 within twenty-eight (28) days of the date of these orders.

2.

That within twenty-eight days of the date of these orders the husband transfer and/or vest to the wife all his right title and interest in the following absolutely:

(i) The business “(business omitted)”;

(ii) All personalty and chattels in the possession of or under the control of the wife or at the date of these orders;

(iii) Any motor vehicle registered in the name of the wife or in the wife’s possession as at the date of these orders;

(iv) The balances of any bank accounts in the name of or to the benefit of the wife as at the date of these orders;

(v) The wife’s beneficial interest in any superannuation policies or funds including the Cartas Superannuation Fund No.1 subject to these orders

(vi) The wife’s interest in the property at Property D owned as tenant-in-common with her siblings.

3.

That contemporaneously with the transfer orders in paragraph 2 hereof, the wife transfer and/or vest all her right title and interest in the following to the husband absolutely:

(i) All assets of the (omitted) Trust including real property at Property H(1) and Property H(2) in Victoria;

(ii) The business “(business omitted)”;

(iii) The benefit of the loan to Mr G;

(iv) Any motor vehicle registered in the name of the husband or in the husband’s possession as at the date of these orders;

(v) All personalty and chattels in the possession of or under the control of the husband or as the date of these orders;

(vi) The balances of any bank accounts or like investments in the name of or under control of the husband or (omitted) Trust at the date of these orders;

(vii) The husband’s beneficial interest in any superannuation policies or funds including the Cartas Superannuation Fund No.1 subject to these orders.

4.

That the wife be solely responsible for and indemnify the husband in respect of the following:

(i) Any and all liabilities attaching to any of the assets retained by the wife pursuant to these orders;

(ii) Any and all liabilities incurred by the wife since separation in either joint names or in her name alone.

5.

That the husband be solely responsible for and indemnify the wife in respect of the following:

(i) Any and all liabilities attaching to any of the assets retained by the husband pursuant these orders including the assets of (omitted) Trust;

(ii) Any and all liabilities incurred by the husband since separation in either joint names or in his name alone;

(iii) The debt to Mr G;

(iv) The debt owing to (omitted) Motor Finance;

(v) The (omitted) Tractor loan;

(vi) The debt to (omitted) (motor vehicle lease).

6.

That the parties or either of them have liberty to apply within 28 days of the date of these orders in respect of any splitting order in relation to the Cartas Superannuation Fund No.1 or to bring in a consent order.

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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