FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Conrad & Gilbert [2025] FedCFamC2F 427
File number(s): LNC 444 of 2023 Judgment of: JUDGE TURNBULL Date of judgment: 3 April 2025 Catchwords: FAMILY LAW – PROPERTY – Where the de-facto wife received an inheritance from her father’s estate late into the relationship – Where the de-facto husband claims that he made significant financial and non-financial contributions to the properties comprising most of the deceased estate – Assessment of contributions – Whether certain sums should be added back to the asset pool – assessment of other factors – Just and equitable outcome Legislation: Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)
Cases cited: Beck & Beck (No 2) (1983) FLC 91-318
Bevan & Bevan [2013] FamCAFC 116
Briginshaw v Briginshaw (1938) 60 CLR 336
Boege and Boege [2001] FamCA 1167
C & C [1998] FamCA 143
Clauson & Clauson (1995) FLC 92-595
Dawes & Dawes [1989] FamCA 71
Dickons & Dickons [2012] FamCAFC 154
Dovgan & Dovgan [2021] FamCA 306
Gadhavi & Gadhavi [2023] FedCFamC1A 117
Grier & Malphas [2016] FamCAFC 84
Hickey & Hickey [2003] FamCA 395
Hunter & Borman [2020] FamCAFC 250
Jabour & Jabour [2019] FamCAFC 78
Jacobson & Jacobson (1989) FLC 92-003
Kessey & Kessey (1994) FLC 92-495
Koch & Kest [2021] FamCA 408
Kowaliw & Kowaliw (1981) FLC 91-092
Lotta & Lotta [2017] FamCA 50
MacKinnon & Talbot [2022] FedCFamC2F 1738
Mallet & Mallet (1984) 156 CLR 605
Mayne & Mayne [2011] FamCAFC 192
Parshen & Parshen (1996) FLC 92-720
NHC & RHC [2004] FamCA 633
Omacini & Omacini; sub nom AJO & GRO [2005] FamCA 195
Sigley & Cullen (No 3) [2015] FamCA 825
Stanford & Stanford (2012) 247 CLR 108
Teal & Teal [2010] FamCAFC 120
Vass & Vass [2015] FamCAFC 51
Warwick & Cutler [2016] FamCA 934
Division: Division 2 Family Law Number of paragraphs: 123 Date of last submission/s: 16 December 2024 Date of hearing: 9, 10, 11, 12 and 16 December 2024 Place: Launceston Counsel for the Applicant: Mr Gallimore Solicitor for the Applicant: Turnbull Hill Lawyers Counsel for the Respondent: Mr Trezise Solicitor for the Respondent: McVeity Dean ORDERS
LNC 444 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR CONRAD
Applicant
AND: MS GILBERT
Respondent
ORDER MADE BY:
JUDGE TURNBULL
DATE OF ORDER:
3 APRIL 2025
THE COURT ORDERS THAT:
1.Within 120 days of the date of this order, the Respondent will pay to the Applicant the sum of $792,672.71.
2.It is declared that the Respondent is the sole legal and beneficial owner of the real properties situate at:-
(a)B Street, Town C in Tasmania and comprised in Certificate of Title Volume … Folio …;
(b)1 D Street, Town E in Tasmania and comprised in Certificate of Title Volume … Folio …;
(c)2 D Street, Town E in Tasmania and comprised in Certificate of Title Volume … Folio …; and
(d)F Street, Suburb G in Tasmania and comprised in Certificate of Title Volume ……
Continue reading Conrad & Gilbert
Sign in free to access the full text
- AGLC
- Conrad & Gilbert [2025] FedCFamC2F 427
- Case
- [2025] FedCFamC2F 427
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether certain sums should be added back to the asset pool and what factors should be considered to achieve a just and equitable outcome. The court had to assess the contributions made by both parties, including financial and non-financial contributions, and determine if these contributions should be reflected in the division of the inherited property. The court also considered other factors that might influence a just and equitable outcome, such as the length of the relationship, the age and health of the parties, and any other relevant factors.
In delivering the judgment, Judge Turnbull held that while Mr Conrad's contributions were substantial, they did not warrant a significant adjustment to the asset pool. The court found that Ms Gilbert was the sole legal and beneficial owner of the inherited properties. The judge considered that a just and equitable outcome was achieved by ordering Ms Gilbert to pay Mr Conrad a lump sum of $792,672.71 within 120 days. This sum was intended to reflect Mr Conrad’s contributions and to balance the division of the assets. Both parties were also declared to be solely entitled to their respective personal property, and each party was to indemnify the other against any liabilities associated with their respective properties.
The final orders of the court declared Ms Gilbert the sole legal and beneficial owner of the inherited properties and mandated a lump sum payment from Ms Gilbert to Mr Conrad. Each party retained their personal property, and both were to indemnify the other against any liabilities associated with their respective properties. All other proceedings were dismissed.
Orders
Orders of the court
LNC 444 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR CONRAD
Applicant
AND:
MS GILBERT
Respondent
ORDER MADE BY:
JUDGE TURNBULL
DATE OF ORDER:
3 APRIL 2025
THE COURT ORDERS THAT:
1. Within 120 days of the date of this order, the Respondent will pay to the Applicant the sum of $792,672.71.
2. It is declared that the Respondent is the sole legal and beneficial owner of the real properties situate at:-
(a) B Street, Town C in Tasmania and comprised in Certificate of Title Volume … Folio …;
(b) 1 D Street, Town E in Tasmania and comprised in Certificate of Title Volume … Folio …;
(c) 2 D Street, Town E in Tasmania and comprised in Certificate of Title Volume … Folio …; and
(d) F Street, Suburb G in Tasmania and comprised in Certificate of Title Volume … Folio ….
3. Each party will otherwise be solely entitled to the exclusion of the other to all other property and chattels of whatsoever nature and kind in the possession of such party as at the date of this order and that for this purpose bank accounts and share portfolios are deemed to be in the possession of the party whose name appears on the bank's records thereof, insurance policies are deemed to be in the possession of the beneficiary thereof, superannuation entitlements are deemed to be in the possession of the person who is named as the member.
4. Each party will be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to this order.
5. Each party do all things, sign all documents and take all necessary action to give effect to this order.
6. All extant proceedings be dismissed.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.