Dumont and Canfield

This matter concerned financial adjustment orders made by Judge McGuire in the Federal Circuit and Family Court of Australia. The dispute involved the parties, Ms Dumont and Mr Canfield, and the division of their assets and liabilities following their separation. A central element of the dispute was the future of a property located at Street A, Suburb B, Tasmania, which was to be rebuilt following damage.

The court was required to determine the appropriate distribution of the parties' net tangible assets, including the property at Street A, Suburb B, Tasmania, and three motor vehicles. The court also needed to address the practical steps for the rebuilding of the damaged residence, the valuation of the property post-rebuild, and the mechanism for any necessary cash adjustment between the parties. Furthermore, the court had to consider alternative arrangements should the primary proposed cash adjustment not be achievable, including the sale of the property.

Judge McGuire ordered that the parties jointly facilitate the rebuilding of the residence on the Tasmanian property according to the directions of the insurance company. Upon completion of the rebuild, the property was to be jointly valued. The court then ordered a distribution of net tangible assets, with Mr Canfield to receive 72.5% and Ms Dumont 27.5%. This was to be effected by a cash adjustment from Mr Canfield to Ms Dumont within 60 days of the property valuation, with Mr Canfield retaining specified motor vehicles. In the event Mr Canfield was unable or unwilling to make the cash adjustment, the property was to be sold by private treaty or auction, with the proceeds first covering sale costs and the balance distributed according to the same 72.5%/27.5% split. The orders also stipulated that each party would retain personalty, chattels, bank accounts, motor vehicles, and superannuation in their possession, and would be solely responsible for and indemnify the other in respect of liabilities attaching to retained assets and liabilities incurred since separation. Specific personal items were to be made available to Ms Dumont within seven days. The court further declared that these orders were intended to finally determine the financial relationship between the parties.