FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Chun & Zheng [2023] FedCFamC2F 377
File number: MLC 7378 of 2022 Judgment of: JUDGE BLAKE Date of judgment: 27 March 2023 Catchwords: FAMILY LAW – Undefended hearing – where husband sought adjournment – adjournment refused – leave to proceed undefended granted – adjustment of property interests – significant contribution by wife’s mother – contributions favour the wife – adjustment for future needs. Legislation: Family Law Act 1975 (Cth) ss 75(2), 79, 79(1), 79(2), 79(4).
Federal Circuit and Family Court of Australia (Family Law Rules) 2021 rr 1.33, 1.33(2)(c), 10.25, 10.26(2), 10.26(2)(c), 10.27, 10.27(2).
Cases cited: Bevan & Bevan [2013] FamCAFC 116
Binns & Palister [2021] FedCFamC1F 142
Deng & Galinski [2021] FCCA 843
Dickons & Dickons [2012] FamCAFC 154
Eufrosin & Eufrosin [2014] FamCAFC 191
Kleine & Kleine [2021] FedCFamC1F 51
Lanceley & Lanceley (1994) 18 Fam LR 71
Lovine & Connor [2012] FamCAFC 168
Stanford v Stanford [2012] HCA 52
Zane & Allan [2008] FamCAFC 115
Division: Division 2 Family Law Number of paragraphs: 56 Date of hearing: 27 March 2023 Place: Melbourne Counsel for the Applicant: Mr Arnold Solicitor for the Applicant: Hiways Lawyers Solicitor for the Respondent: In Person Solicitor for the Respondent: None ORDERS
MLC 7378 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS CHUN
Applicant
AND: MR ZHENG
Respondent
order made by:
JUDGE BLAKE
DATE OF ORDER:
27 MARCH 2023
THE COURT ORDERS THAT:
1.The Applicant Wife has permission to pursue her application for property orders on an undefended basis as contemplated under rule 1.33 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (‘Rules’) and permission to seek judgment in default under rules 10.26(2)(c) and 10.27(2) of the Rules.
2.Order 3 of the Orders of 18 August 2022 made in respect of spousal maintenance, be discharged.
The B Street, Suburb C Property
3.Within 7 days from the date of these Orders, the Respondent must do all acts and things necessary to vacate the property situated and known as B Street, Suburb C in the State of Victoria, being the whole of the land described in certificate of title Volume … Folio … (“the B Street, Suburb C Property”).
4.Within 60 days from the date of these Orders, the parties shall do all acts and things and sign all documents necessary to transfer to the Applicant (“the transfer”), at the expenses of the Applicant, the Respondent’s right, title and interest in the B Street, Suburb C Property.
5.That for the purpose of the transfer, both parties shall do all acts and things and sign all documents as may be necessary to discharge the mortgage secured over the B Street, Suburb C Property and in favour of Commonwealth Bank of Australia (Mortgage dealing: …); and the Applicant shall as soon as practicable, refinance the mortgage into her name at her sole expense.
6.Upon completion of the transfer of the B Street, Suburb C Property, the…
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