Chappell & Chappell

[2021] FamCA 220

FAMILY COURT OF AUSTRALIA

Chappell & Chappell [2021] FamCA 220

File number(s):

MLC 5402 of 2018

Judgment of:

HARTNETT J

Date of judgment:

24 June 2021

Catchwords:

FAMILY LAW – PROPERTY – Assessment of s 75(2) of the Family Law Act 1975 – is it just and equitable to adjust property interests of the parties - marriage of approximately 24 years – where the wife made greater initial contributions – where both parties made financial contributions during cohabitation – assessment of contributions - competing applications by parties for final property orders - valuations of properties - whether the wife or husband retain the G Street property – whether the Court places the G Street property on the open market – both parties have sentimental attachment to G Street property – the division and ownership of sculptures at G Street – parties unable to reach compromise about sculptures – valuation of the husband’s golf membership shares in issue between the parties – LL Inc. private company, shareholdings of the wife – gift to the wife from her father – value of LL shareholding not of importance – value of LL shareholding not placed in the asset pool – husband’s legal costs – husband’s legal costs paid out of DD Firm pre-separation income – the wife’s loans to meet necessary living costs and expenses totalling $2.5 million in total - assessment of contributions and future needs- orders to be made.

Legislation:

Evidence Act 1996 (Cth) s 140

Family Law Act 1975 (Cth) ss 72, 75(2), 79, 81, 121.

Family Law Rules 2004 (Cth) r 17.02

Cases cited:

Bell & Nahos [2016] FamCAFC 244

Bevan & Bevan (2013) FLC 93-545

Dickons & Dickons [2012] FamCAFC 154

GBT v BJT [2005] FamCA 683

Jabour & Jabour [2019] FamCAFC 78

Mallet v Mallet (1984) 156 CLR 605, 608

Stanford v Stanford (2012) 247 CLR 108

Whisprun Pty Ltd v Dixon (2003) 200 ALR 447

Number of paragraphs:

145

Date of last submission/s:

5 February 2021

Date of hearing:

27 October 2020; and
21 to 23 December 2020

Place:

Melbourne

Counsel for the Applicant:

Mr Dickson Q.C.

Solicitor for the Applicant:

Lander and Rogers

Counsel for the Respondent:

Mr Puckey S.C.

Solicitor for the Respondent:

Taussig Cherrie Fildes

ORDERS

MLC 5402 of 2018

BETWEEN:

MS CHAPPELL

Applicant

AND:

MR CHAPPELL

Respondent

ORDER MADE BY:	HARTNETT J
DATE OF ORDER:	24 JUNE 2021

THE COURT ORDERS THAT:

1. All extant applications be adjourned for mention before Justice Hartnett on 29 June 2021 at 10.00am.

AND THE COURT NOTES THAT:

[Note:  The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chappell &…