Darcey & Paine

[2023] FedCFamC2F 305

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Darcey & Paine [2023] FedCFamC2F 305  

File number:

ADC 2664 of 2022

Judgment of:

JUDGE DICKSON

Date of judgment:

6 March 2023 

Catchwords:

FAMILY LAW –  PROPERTY – undefended final hearing – de facto relationship – small asset pool – where respondent has failed to engage in proceedings – where Court is satisfied that respondent is on notice of these proceedings –– significant post separation contributions by the applicant – future needs – just and equitable for there to be a 81/19% split in the applicant’s favour of the net non-superannuation assets – parties to retain their respective superannuation – just and equitable – costs

Legislation:

Family Law Act 1975 (Cth) ss 69ZL, 75, 79, 117

Federal Circuit and Family Court Rules of Australia (Family Law) Rules 2021 (Cth) rr 10.26, 10.27

Cases cited:

Bevan & Bevan [2013] FamCAFC 116

In the Marriage of Hayne (1977) FLC 90-265

In the Marriage of Hickey (2003) 30 FamLR 355

In the Marriage of Phillips [2002] FamCA 350

In the Marriage of Russell [1999] FamCA 1875

Jabour & Jabour [2019] FamCAFC 78

Norbis & Norbis [1983] FamCA 47

Ragusa & Ragusa [2021] FedCFamC2F 470

Stanford & Stanford (2012) 247 CLR 108,

Watson & Ling [2017] FamCA 57.

Division:

Division 2 Family Law

Number of paragraphs:

111

Date of hearing:

17 February 2023

Place:

Adelaide

Counsel for the Applicant:

Mr Boehm

Solicitor for the Applicant:

Westley Di Giorgio Norcock

ORDERS

ADC 2664 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS DARCEY

Applicant

AND:

MR PAINE

Respondent

order made by:	JUDGE DICKSON
DATE OF ORDER:	6 March 2023

THE COURT ORDERS THAT:

1.A Judicial Registrar or Registrar of this Court be appointed as necessary pursuant to section 106A of the Family Law Act (Cth) (‘the Act’), to execute any deeds, documents or instruments in the name of the husband and to do all such acts and things necessary to give validity to the operation to the deed, document or instrument and to implement the within orders.

2.Within one hundred and twenty (120) days of today’s date, the wife do all such things as necessary to transfer the husband’s interest in the whole of the property located at B Street, Town C in the State of South Australia, being the property contained in the Certificate of Title Volume … Folio … (‘the B Street, Town C Property’) and at the sole cost of the wife.

3.Contemporaneously with the transfer of the B Street, Town C property, the wife shall:

(a)Pay out and discharge the joint ANZ Bank Loan secured against the said property; and

(b)Pay any further costs and disbursements arising from implantation of these orders.

4.The wife shall otherwise retain the following assets and liabilities to exclusion of the husband:

(a)The B Street, Town C property subject to any loan secured against that property;

(b)Her share and interest in any bank accounts held in her sole name;

(c)Her Motor…