Chapman and Chapman - [2012] FamCA 196

FAMILY COURT OF AUSTRALIA

CHAPMAN & CHAPMAN

[2012] FamCA 196

FAMILY LAW – PROPERTY SETTLEMENT - Where the parties had a long relationship lasting 20 years - Where the husband made the greater contribution - Where no s75(2) adjustment is warranted - Where the wife's application for spouse maintenance is dismissed.

Family Law Act 1975 (Cth)

Cierpiatka v Cierpiatka and Cierpiatka (1999) FLC 92-864
Doherty & Doherty 1996 20 Fam LR 137

APPLICANT HUSBAND:

Mr Chapman

RESPONDENT WIFE:

Ms Chapman

FILE NUMBER:

SYC

5967

2008

DATE DELIVERED:

4 April 2012

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Stevenson J

HEARING DATE:

21 & 22 December 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Lloyd SC

SOLICITOR FOR THE APPLICANT:

Clynch Long Letherbarrrow Pty Limited

COUNSEL FOR THE RESPONDENT:

Mr Wheelhouse SC

SOLICITOR FOR THE RESPONDENT:

KDB Holmes Solicitors

Orders

That each of the parties do all things and execute all documents necessary to distribute the monies lodged in:
(i)Westpac Cash Reserve Account # ... 722
(ii)Westpac Term Deposit Account # … 403
(iii)Westpac Term Deposit Account # ... 011
As to 14 per cent (fourteen per cent) to the husband and the balance of 86 per cent (eighty six per cent) to the wife.
That the wife be declared to have the sole right, title and interest in:
2.1.The property situate at and known as Unit 1, B Street, Suburb P in the State of New South Wales, being the whole of the land contained in Certificate of Title, Folio Identifier … ;
2.2.The property situate at and known as Unit 2, B Street, Suburb P in the State of New South Wales, being the whole of the land contained in Certificate of Title, Folio Identifier … ;
2.3.The Ford Courier motor vehicle registration number … registered in the wife’s name;
2.4.All shares for the time being or otherwise in the wife’s name;
2.5.All jewellery in the wife’s possession; and
2.6.The wife’s superannuation entitlements in the F Super Fund and S Pty Ltd.
That the husband be declared to have the sole right, title and interest in:
3.1.The husband’s one-third interest in Chapman Partners;
3.2.The husband’s one-third interest in the proceeds of sale of the property known as “DA”, situate at W Street, Town T in the State of New South Wales;
3.3.The property situate at and known as “FB”, C Street, Town L, being the whole of the land contained in Certificate of Title, Folio Identifier … ;
3.4.Mitsubishi Challenger motor vehicle registered in the husband’s name;
3.5.Jaguar D-Type motor vehicle;
3.6.Jaguar E-Type motor vehicle;
3.7.Numberplates in his possession;
3.8.Three Indian motorcycles;
3.9.Yamaha agricultural motorcycle;
3.10.Two … Fordson Tractors;
3.11.All artwork by Artist 1 and Artist 2;
3.12.All shares for the time being or otherwise in the husband’s name;
3.13.$45,000.00 payable by Mr N on account of proceeds of sale of a heavy equipment;
3.14.The husband’s one-third interest in the proceeds of sale of the property known as “Q”, situate at Town T in the State of…

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 Chapman and Chapman

Details

AGLC: Chapman and Chapman [2012] FamCA 196
Case: [2012] FamCA 196
Decision Date: 4 April 2012

CaseChat Overview and Summary

In the matter of Chapman and Chapman, Stevenson J determined the distribution of various assets and monies between the husband and wife. The dispute concerned the division of financial accounts, real property, vehicles, shares, superannuation entitlements, and other personal and business assets.

The court was required to determine the sole right, title, and interest of each party in the specified assets. This involved adjudicating the ownership and entitlement to a range of items, including bank accounts, term deposits, residential units, motor vehicles, shares, superannuation funds, business interests, and various other tangible and intangible assets.

Stevenson J ordered that monies held in specific Westpac accounts be distributed, with 14 per cent allocated to the husband and 86 per cent to the wife. The wife was declared to have sole right, title, and interest in several assets, including two residential units, a Ford Courier, her shares, jewellery, and superannuation entitlements. Conversely, the husband was declared to have sole right, title, and interest in his interests in Chapman Partners and the proceeds of sale of certain properties, a Mitsubishi Challenger, two Jaguar vehicles, number plates, motorcycles, tractors, artwork, his shares, a sum payable by Mr N, further property interests, cattle, plant and equipment, interests in Chapman Pty Limited and Chapman Company, his bank accounts, and the property at V Street, Suburb D, along with the entirety of the assets of the Chapman Super Fund. All other applications and responses were dismissed.

Orders

Orders of the court

That each of the parties do all things and execute all documents necessary to distribute the monies lodged in:

(i) Westpac Cash Reserve Account # ... 722

(ii) Westpac Term Deposit Account # … 403

(iii) Westpac Term Deposit Account # ... 011

As to 14 per cent (fourteen per cent) to the husband and the balance of 86 per cent (eighty six per cent) to the wife.

That the wife be declared to have the sole right, title and interest in:

2.1. The property situate at and known as Unit 1, B Street, Suburb P in the State of New South Wales, being the whole of the land contained in Certificate of Title, Folio Identifier … ;

2.2. The property situate at and known as Unit 2, B Street, Suburb P in the State of New South Wales, being the whole of the land contained in Certificate of Title, Folio Identifier … ;

2.3. The Ford Courier motor vehicle registration number … registered in the wife’s name;

2.4. All shares for the time being or otherwise in the wife’s name;

2.5. All jewellery in the wife’s possession; and

2.6. The wife’s superannuation entitlements in the F Super Fund and S Pty Ltd.

That the husband be declared to have the sole right, title and interest in:

3.1. The husband’s one-third interest in Chapman Partners;

3.2. The husband’s one-third interest in the proceeds of sale of the property known as “DA”, situate at W Street, Town T in the State of New South Wales;

3.3. The property situate at and known as “FB”, C Street, Town L, being the whole of the land contained in Certificate of Title, Folio Identifier … ;

3.4. Mitsubishi Challenger motor vehicle registered in the husband’s name;

3.5. Jaguar D-Type motor vehicle;

3.6. Jaguar E-Type motor vehicle;

3.7. Numberplates in his possession;

3.8. Three Indian motorcycles;

3.9. Yamaha agricultural motorcycle;

3.10. Two … Fordson Tractors;

3.11. All artwork by Artist 1 and Artist 2;

3.12. All shares for the time being or otherwise in the husband’s name;

3.13. $45,000.00 payable by Mr N on account of proceeds of sale of a heavy equipment;

3.14. The husband’s one-third interest in the proceeds of sale of the property known as “Q”, situate at Town T in the State of New South Wales, being the whole of the land contained in Certificate of Title, Folio Identifier … and … ;

3.15. All cattle held at Town T Farm;

3.16. All cattle held at B Farm;

3.17. Plant and equipment situate at B Farm;

3.18. The husband’s interest in Chapman Pty Limited and Chapman Company;

3.19. The husband’s bank accounts;

3.20. The property situate at and known as V Street, Suburb D in the State of New South Wales, being the land contained in Folio Identifier … and being registered in the name of C Pty Ltd as trustee for the Chapman Super Fund;

3.21. The whole of the assets of the Chapman Super Fund.

That all applications and responses herein are otherwise dismissed.

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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