Coroneos and Coroneos - [2011] FamCA 12

FAMILY COURT OF AUSTRALIA

CORONEOS & CORONEOS

[2011] FamCA 12

FAMILY LAW – PROPERTY – wife’s father sought leave to intervene in proceedings between the husband and wife – intervener asserts a debt is owing to him with respect to the acquisition of a property – issues relating to a property registered in the name of the wife and her brother and transferred to the intervener after separation – dispute as to beneficial ownership – valuation evidence of estate in remainder of wife and life estate of intervener

Family Law Act 1975 (Cth)
Conveyancing Act 1919 (NSW)

APPLICANT:

Mr Coroneos

RESPONDENT:

Ms Coroneos

INTERVENOR:

Mr Bianca

FILE NUMBER:

SYF

4251

2005

DATE DELIVERED:

19 January 2011

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Justice Fowler

HEARING DATE:

10-14 August 2009, 13 and 26 November 2009, 17 September 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Lethbridge SC

COUNSEL FOR THE RESPONDENT:

Mr Givney

COUNSEL FOR THE INTERVENOR:

Mr Harper

Orders

Within thirty (30) days of the date of these Orders the husband shall do all such acts and things and sign all such documents as may be necessary to transfer to the wife the whole of his right, title and interest in the property situate at and known as H property in the State of New South Wales.
Simultaneously with the transfer referred to in Order 1 above the wife is to pay to the husband the sum of $160,102.08 and do all such acts and things as may be necessary to discharge the husband from any and all his liability under the terms of the mortgage or mortgages charged on the H property and secured on the E property and from this date shall hold him indemnified from any liability thereunder.
The Court declares that the wife holds an estate in remainder jointly with her brother in the P property subject to the life estate of her father the intervener in these proceedings.
The wife is declared, as against the husband, the sole and beneficial owner of:
(a)       C property
(b)       household contents in her possession
(c)       IAG shares in her possession
(d)       any bank accounts in her name and control and
(e)       her Volvo motor vehicle.
(f)her estate in remainder in the property at P which is held subject to the life estate of her father, the intervener in these proceedings.
The husband is declared, as against the wife, the sole and beneficial owner of:
(a)       E property
(b)       household contents in his possession
(c)       his interest in the CBUS Superannuation Fund and
(d)       his Toyota motor vehicle
If either party refuses or neglects to sign within fourteen (14) days of a written request to do so any documents necessary to effect the terms of these Orders, a Registrar or such other officer or person as may be appointed by the Family Court of Australia is hereby appointed pursuant to the provisions of Section 106A of the Family Law Act 1975 (Cth) to execute such documents on…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Coroneos and Coroneos

Details

AGLC: Coroneos and Coroneos [2011] FamCA 12
Case: [2011] FamCA 12
Decision Date: 19 January 2011

CaseChat Overview and Summary

In the matter of *Coroneos and Coroneos*, Justice Fowler of the Family Court of Australia was required to determine the division of property between a husband and wife. The proceedings concerned the equitable distribution of various assets, including real estate, shares, and superannuation interests, following the breakdown of the marriage.

The central legal issues before the Court were how to fairly allocate the parties' respective property interests, including a jointly owned property, a property solely owned by the husband, and a property in which the wife held a remainder interest. The Court also had to consider the discharge of existing mortgage liabilities and the beneficial ownership of various personal assets and investments.

Justice Fowler's reasoning involved a comprehensive assessment of the parties' financial circumstances and contributions. The Court ordered the husband to transfer his interest in the "H property" to the wife, who was then required to pay the husband a specified sum and indemnify him against any mortgage liabilities associated with that property and the "E property". The wife was declared the sole beneficial owner of several other assets, including the "C property", household contents, shares, bank accounts, her motor vehicle, and her remainder interest in the "P property". Conversely, the husband was declared the sole beneficial owner of the "E property", household contents, his superannuation interest, and his motor vehicle. The Court further provided for the appointment of an officer to execute documents if either party failed to comply with the orders.

Orders

Orders of the court

Within thirty (30) days of the date of these Orders the husband shall do all such acts and things and sign all such documents as may be necessary to transfer to the wife the whole of his right, title and interest in the property situate at and known as H property in the State of New South Wales.

Simultaneously with the transfer referred to in Order 1 above the wife is to pay to the husband the sum of $160,102.08 and do all such acts and things as may be necessary to discharge the husband from any and all his liability under the terms of the mortgage or mortgages charged on the H property and secured on the E property and from this date shall hold him indemnified from any liability thereunder.

The Court declares that the wife holds an estate in remainder jointly with her brother in the P property subject to the life estate of her father the intervener in these proceedings.

The wife is declared, as against the husband, the sole and beneficial owner of:

(a) C property

(b) household contents in her possession

(d) any bank accounts in her name and control and

(e) her Volvo motor vehicle.

(f) her estate in remainder in the property at P which is held subject to the life estate of her father, the intervener in these proceedings.

The husband is declared, as against the wife, the sole and beneficial owner of:

(a) E property

(b) household contents in his possession

(d) his Toyota motor vehicle

If either party refuses or neglects to sign within fourteen (14) days of a written request to do so any documents necessary to effect the terms of these Orders, a Registrar or such other officer or person as may be appointed by the Family Court of Australia is hereby appointed pursuant to the provisions of Section 106A of the Family Law Act 1975 (Cth) to execute such documents on behalf of such party.

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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