FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Cheng & Mong (No 3) [2023] FedCFamC1F 577
File number: SYC 2806 of 2020 Judgment of: HENDERSON J Date of judgment: 12 July 2023 Catchwords: FAMILY LAW – PROPERTY SETTLEMENT – Where the parties were in a relationship for approximately seven years – Where there is one child of the marriage – Contributions – Where the wife concedes the husband made overwhelming financial contributions to the assets during the marriage – Where the wife’s contributions were that as parent and homemaker – Where the wife’s parent and homemaker contributions abruptly ceased at the date of separation due to the husband’s actions – Finding that the division of the matrimonial pool is 75 per cent to the husband – Future needs – Where both parties have relevant future needs – Where the husband’s sole financial care of the child results in an adjustment of 5 per cent being made – Just and equitable – Where the proposed division is just and equitable. Legislation: Family Law Act 1975 (Cth) ss 75(2), 75(2)(c), 75(2)(k), 75(2)(na), 75(2)(o), 79(4), 79(4)(a), 79(4)(b), 79(4)(c), 79(4)(g), 102NA, 117B.
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 6.06(6), 10.17.
Cases cited: Bevan & Bevan (2013) FLC 93-545; [2013] FamCAFC 116.
Cheng & Mong [2022] FedCFamC1F 260.
Cheng & Mong (No 2) [2023] FedCFamC1F 460.
Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381.
Division: Division 1 First Instance Number of paragraphs: 112 Date of hearing: 13–14 June 2023 Place: Sydney Counsel for the Applicant: Mr Jackson Solicitor for the Applicant: Aeon Law Firm Counsel for the Respondent: Mr Duc Solicitor for the Respondent: Ark Law Lawyers ORDERS
SYC 2806 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR CHENG
Applicant
AND: MS MONG
Respondent
order made by:
HENDERSON J
DATE OF ORDER:
12 July 2023
THE COURT ORDERS THAT:
1.Within 3 months of the date of these orders, the husband is to pay the wife the sum of $316,612.
2.In the event the husband does not comply with Order 1, the following is to occur:
(a)The husband is to sell either of the following:
(i)1 J Street, Suburb H, New South Wales, Australia; or
(ii)F Street, District G, City C, Country B;
(b)The husband is to make an election as to which property to sell within 7 days, and the husband is thereafter to notify the wife of this election; and thereafter
(c)The husband is to place the property on the market for sale with an agent of his choice within 30 days and is to provide the wife with a copy of the agency agreement, or equivalent document in Country B;
(d)Upon exchange, the husband is to provide the wife with a copy of the front page of the contract for sale document, including the sale price of the property,…
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CaseChat Overview and Summary
The legal issues the court had to resolve included whether the husband's evidence regarding the wife's role in caring for their child and performing domestic duties was credible, as well as the appropriate division of the parties' matrimonial assets. The court also had to consider whether an anti-suit injunction was necessary to prevent an unjust outcome in the proceedings.
The court found that neither party's proposed division of their matrimonial assets would result in a just and equitable outcome. The judge rejected the husband's evidence that he and the paternal grandfather had been primarily responsible for caring for the child and performing domestic duties in Country B, finding instead that the wife had been the primary caregiver and homemaker during that time. The court also found the husband's evidence about the wife's behaviour in Australia to be unreliable, based on hearsay and limited personal knowledge.
Ultimately, the court declined to grant the anti-suit injunction sought by the husband, finding that it was not necessary to prevent an unjust outcome in the proceedings. The court made orders regarding the division of the parties' matrimonial assets and other matters as set out in the judgment.
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Background
Background to the litigation
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Evidence Before The Court
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