CASEY & CASEY

FEDERAL CIRCUIT COURT OF AUSTRALIA

CASEY & CASEY [2016] FCCA 1998

Catchwords:
FAMILY LAW – Property dispute – around 20 years cohabitation – husband made greater initial contribution – wife has greater needs – wife’s poor health – husband has greater income earning capacity – wife unlikely to earn a significant income, unlike the husband – wife has overwhelming needs.

Legislation:

Family Law Act 1975(Cth), ss.75(2), 79

Cases cited:

Stanford v Stanford (2012) 87 ALJR 74

Jewel v Jewel [2013] FCWA 81

Applicant: MS CASEY

Respondent: MR CASEY

File Number: MLC 1756 of 2015

Judgment of: Judge Curtain

Hearing dates: 30 and 31 May 2016

Date of Last Submission: 31 May 2016

Delivered at: Melbourne

Delivered on: 15 August 2016

ORDERS

1. The net proceeds from the sale of the former matrimonial home of $327,052 plus interest, less the interim payment of $90,000 to the parties, leaving $237,052 plus interest be distributed as follows:

   (a)60% to the wife plus $2,750 from the husband’s share for unpaid costs; and

   (b)40% to the husband less $2,750 to be paid to the wife for the outstanding costs.

2. The husband have the sole title and interest in the Mazda and Daihatsu motor vehicles and all tools currently in his possession.

3. The wife have the sole title and interest in the Suzuki motor vehicle currently in her possession.

4. The wife have the sole right and title in the chattels including all photographs in her possession or control, save for:

   (a)Z’s television;

   (b)The bar refrigerator;

   (c)2 televisions not required by the wife;

   (d)The outdoor timber setting;

   (e)The “daughter’s” desk;

   (f)The beach wind break; and

   (g)The table and chairs

   currently located in storage, under the control of the wife, to be collected by the husband’s agent (in the absence of the husband) on a day and time agreed to by the parties.

5. The wife shall at her earliest convenience attend a business that creates copy photographs and shall:

   (a)obtain a written quote for reproduction of family photographs in her possession;

   (b)forward the quote to the husband who shall pay same within 21 days of receipt if he wishes to have the copy photographs and advise the wife accordingly; and

   (c)the wife shall then obtain the copy reproductions and forward them to the husband.

6. The husband is hereby restrained from obtaining, removing or possessing any original family photographs that are currently in the possession of the wife and are her property pursuant to these orders.

7. That unless otherwise specified in these orders and save for the purposes of enforcing any monies due under these or any subsequent orders:

   (a)Each party be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these orders;

   (b)Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders; and

   (c)Any joint tenancy of the parties in any real or personal…