Falcken & Weule

[2019] FamCAFC 140

FAMILY COURT OF AUSTRALIA

FALCKEN & WEULE [2019] FamCAFC 140

FAMILY LAW – APPEAL – PROPERTY – Appeal against orders for the division of property – Whether the primary judge erred in the determination of the parties’ various contributions and thus the overall assessment – Whether a disability insurance payment to the respondent should have been treated as a joint contribution since the premiums of the policy were paid from joint funds – Where a joint decision to use joint funds to obtain an insurance policy is a relevant consideration – Challenge to the weight that was given to the appellant’s contributions – Contributions are not assessed in isolation but as part of the myriad of contributions – Whether the primary judge erred in identifying the parties’ assets and liabilities to determine the property available for division – Where the appellant submits that items of property were or should have been “added-back” to the list of property to be divided – Where there was no error in the primary judge’s approach – Appeal dismissed – No order as to costs.

Family Law Act 1975 (Cth) s 75(2)

Chorn and Hopkins (2004) FLC 93-204; [2004] FamCA 633
De Winter and De Winter (1979) FLC 90-605
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
Housing Commission (NSW) v Tatmar Pastoral Holding Co Pty Ltd [1983] 3 NSWLR 378
Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28
Miller & Miller [2009] FamCAFC 121
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Raine & Creed [2015] FamCAFC 133
Suttor v Gundowda Pty Ltd (1950) 81 CLR 418; [1950] HCA 35
Townsend and Townsend (1995) FLC 92-569; [1994] FamCA 144
Trevi & Trevi (2018) FLC 93-858; [2018] FamCAFC 173
Whisprun Pty Ltd v Dixon (2003) 200 ALR 447; [2003] HCA 48
Williams & Williams [2007] FamCA 313
Yates & Yates [2012] FamCAFC 138
Yeates and Yeates [2013] FCWA 117

APPELLANT: Mr Falcken

RESPONDENT: Ms Weule

FILE NUMBER: PTW 7430 of 2015

APPEAL NUMBER: WEA 28 of 2018

DATE DELIVERED: 16 August 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Perth

JUDGMENT OF: Strickland, Aldridge & O'Brien JJ

HEARING DATE: 10 May 2019

LOWER COURT JURISDICTION: Family Court of Western Australia

LOWER COURT JUDGMENT DATE: 30 July 2018

LOWER COURT MNC: [2018] FCWA 138

REPRESENTATION

THE APPELLANT: In person

COUNSEL FOR THE RESPONDENT: Mr Evans

SOLICITOR FOR THE RESPONDENT: Graeme A Ryan & Associates

Orders

1. The appeal be dismissed.

2. There be no order as to costs.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Falcken & Weule has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family…