FAMILY COURT OF AUSTRALIA
| CONNOR & LANGTON | [2012] FamCA 875 |
| FAMILY LAW – PROPERTY - Value of property – Whether non transferrable tax-losses of one party’s corporation through which the parties’ income is generated should be added as an asset of the party to the property pool where the company has a nil value otherwise - Should a substantial loan account a party holds in a private company which is unable to pay the loan if the company was wound up be treated as an asset of the party on the balance sheet. FAMILY LAW – PROPERTY – Initial Contribution – Where parties’ property has been segregated – Whether an initial contribution is off-set by other contributions made during the marriage |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth) |
| Cabbell & Cabbell [2009] FamCAFC 205 GWH & PGH [2005] FamCA Pierce & Pierce (1999) FLC 92-844 |
| APPLICANT: | Ms Connor |
| RESPONDENT: | Mr Langton |
| FILE NUMBER: | SYC | 5094 | of | 2008 |
| DATE DELIVERED: | 28 March 2012 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Le Poer Trench J |
| HEARING DATE: | 20 & 21 June 2011 28 February- 2 March 2012 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Lethbridge |
| SOLICITOR FOR THE APPLICANT: | Stuart & Mills Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Grieve Ms Coulton |
| SOLICITOR FOR THE RESPONDENT: | Bell & Johnson Solicitors |
Orders
The wife is to manage the funds held in two ANZ bank accounts, being funds allocated to meet the children’s education expenses together with a similar fund held in Elders term deposit. When the children have concluded their secondary and tertiary education, or at any earlier time the parties mutually agree upon, the remainder of the funds held in the above accounts or any subsequent investment are to be divided between the parties equally.
Each party is to be declared the absolute owner of items of real property, personal property, shareholdings, superannuation and resources currently standing in their sole names or being in their control.
All outstanding interim orders and applications/responses in relation to final orders in this court are otherwise dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Connor & Langton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC
| Ms Connor |
Applicant
And
| Mr Langton |
Respondent
REASONS FOR JUDGMENT
Introduction
The parties seek property orders which deviate only in the amount of cash each seeks the other pay by way of property settlement. Each of the parties owns substantial property interests in their sole name and they do not own any property in their joint names.
The parties have two children. They are H aged 18 and B aged 16. The children live in an equal shared time regime between the parents. Each parent has a residence in Sydney. The husband maintains his residence and business interests in N Town, NSW.
The parties hold investment funds for the children’s education. They…
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- AGLC
- Connor and Langton [2012] FamCA 875
- Case
- [2012] FamCA 875
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues. These included whether non-transferable tax losses of the husband's corporation, through which the parties' income was generated, should be included as an asset in the property pool, particularly where the company otherwise had a nil value. Additionally, the court had to consider whether a substantial loan account held by the husband in a private company, which was unable to repay the loan if wound up, should be treated as an asset of the husband. The court also considered the impact of initial contributions made by the husband, and whether these were offset by other contributions made by both parties during the marriage, in accordance with the *Family Law Act 1975* (Cth).
The court found that the husband's initial contributions, including property and a share in a company, were offset by significant liabilities at the commencement of cohabitation. The court accepted the wife's evidence as generally more accurate and realistic regarding historical facts and financial matters. The court noted that the husband's taxable income was often insufficient to meet his contributions to the joint account, suggesting these were likely drawn from his loan account with his company. The court also considered the wife's substantial contributions through her employment and investments throughout the marriage, as well as her role in managing the children's education fund.
The final orders provided for the wife to manage funds held in specific bank accounts and term deposits allocated for the children's education expenses. Upon the conclusion of the children's education, or by mutual agreement, any remaining funds were to be divided equally between the parties. Each party was declared the absolute owner of real property, personal property, shareholdings, superannuation, and resources standing in their sole names or under their control. All outstanding interim orders and applications related to final orders were dismissed.
Orders
Orders of the court
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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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