Dellas & Halton

[2022] FedCFamC1F 368

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Dellas & Halton [2022] FedCFamC1F 368

File number(s):

MLC 564 of 2021

Judgment of:

MCNAB J

Date of judgment:

26 May 2022

Catchwords:

FAMILY LAW – PROPERTY – small property pool – property settlement and disbursement – where there are two children of the de facto relationship – where both parties made financial contribution – where the total value of the net asset pool is disputed  

Legislation:

Child Support (Assessment) Act 1989 ss 124, 123(1) (a).

Family Law Act 1975 ss 90XT(1)(a), 90SM.

Family Law (Superannuation) Regulations 2001.

Cases cited:

Stanford & Stanford (2012) 247 CLR 108; [2012] HCA 52.

Division:

Division 1 First Instance

Number of paragraphs:

70

Date of last submission/s:

1 February 2022

Date of hearing:

2 February 222

Place:

Melbourne

Counsel for the Applicant:

Mr T Moisidis

Solicitor for the Applicant:

Rowan Skinner and Associates

Solicitor for the Respondent:

Litigant in person

ORDERS

MLC 564 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS DELLAS

Applicant

AND:

MR HALTON

Respondent

ORDER MADE BY:	MCNAB J
DATE OF ORDER:	26 MAY 2022

THE COURT ORDERS THAT:

1.Upon settlement of sale of the Suburb B property as provided for in the orders of 6 December 2021, the proceeds of sale be disbursed in the following order and priority:

(a)to pay the agent’s commission, marketing and legal costs of sale, and expenses, estimated to be $15,000;

(b)the net balance to be divided as follows:

(i)pay the Respondent an amount which represents 40 % of the net non- superannuation property of the parties, as set out in the table annexed to these orders and marked ‘ANNEXURE A’, less the property to be retained by the Respondent and adjustments made against him, as set out in the table annexed to these orders and marked ‘ANNEXURE B’; and

(ii)the balance to the Applicant, to be held in the Applicant solicitor’s trust account.

2.The Applicant retain as her sole property to the exclusion of the Respondent:

(a)her motor vehicle 1;

(b)her part property settlement of $26,000;

(c)all bank accounts held in her name; and

(d)her personal belongings and effects.

3.The Respondent retain as his sole property to the exclusion of the Applicant:

(a)his motor vehicle 2;

(b)his vehicle 3;

(c)his part property settlement of $61,278.61; and

(d)all bank accounts held in his name.

4.From the date of these orders, the parties shall each indemnify and keep the other indemnified in respect of their personal credit cards and any past, present and future personal liabilities, including to the Australian Taxation Office.

5.In accordance with section 90XT(1)(a) of the Family Law Act 1975 (“the Act”), whenever a splittable payment within the meaning of section 90XE of the Act becomes payable to or on behalf of the Applicant, Ms Dellas, from her interest in Super Fund 1 (“the SF”), the Respondent, Mr Halton, is entitled to be paid (by the Trustee of the SF) the amount calculated in accordance with…