CRAWFORD & RUSKIN

[2013] FamCA 493

FAMILY COURT OF AUSTRALIA

CRAWFORD & RUSKIN

[2013] FamCA 493

FAMILY LAW – PROPERTY – Application for property settlement orders involving a de facto relationship – Whether just and equitable to alter property interests and rights – Stanford v Stanford [2012] HCA 52 applied – Assessment of the contribution of the parties – Where the parties’ contributions to the property held by them is 15 per cent to the applicant and 85 per cent to the respondent – Consideration of factors under s 90SM and s 90SF of the Family Law Act 1975 (Cth) – Where an adjustment, pursuant to s 90SF(3), of 3 per cent in the applicant’s favour is appropriate – Where the outcome of the assessment of contributions and other factors has resulted in the respondent receiving 82 per cent of the assets compared to the applicant’s 18 per cent.

ss 90SF, 90SM Family Law Act 1975 (Cth)

In the Marriage of Mitchell 19 Fam LR 44
Stanford V Stanford [2012] HCA 52
Robb & Robb (1995) FLC 92-555

APPLICANT: Ms Crawford

RESPONDENT: Mr Ruskin

FILE NUMBER: SYC 7371 of 2011

DATE DELIVERED: 26 June 2013

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Stevenson J

HEARING DATE: 3, 4 June 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Alexander

SOLICITOR FOR THE APPLICANT: Marriott Oliver Solicitors

COUNSEL FOR THE RESPONDENT: Mr Maurice

SOLICITOR FOR THE RESPONDENT: David H Cohen & Co.

Orders

1. That the respondent pay to the applicant a sum of $220,400, with such payment to be made within 28 days of the date of these orders or such other period as the parties may agree in writing.

2. That each of the parties is declared to be solely entitled to all items of property of whatever kind and superannuation benefits which are presently in his and her respective possession.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Crawford & Ruskin 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 7371  of 2011

Ms Crawford

Applicant

And

Mr Ruskin

Respondent

REASONS FOR JUDGMENT

the proceedings

1. The applicant, Ms Crawford, and the respondent, Mr Ruskin, are in dispute as to settlement of property following the breakdown of their de facto relationship.  They cohabited for almost eight years between July 2003 and May 2011. 

2. The applicant sought orders to the effect that the respondent pay to her a sum of $250,000. Somewhat curiously, it was contended that the parties’ contributions should assessed 75% to the respondent and 25% to herself, with a 5% adjustment in her favour pursuant to section 90SF(3) of the Family Law Act. On the basis that the net pool of assets and superannuation is valued at approximately $1,400,000, her entitlement would thus amount to some $350,000. She would retain assets to the value of $30,000. Her counsel submitted “this seems excessive hence the applicant seeks a cash payment of $250,000”.

3. On…