FEDERAL MAGISTRATES COURT OF AUSTRALIA
| FARLEY & MANOLY | [2012] FMCAfam 41 |
| FAMILY LAW – Property – de facto relationship – disputed periods of cohabitation – dispute about asset pool – credit – contributions – sub-section 90SF(3) factors. |
| Family Law Act 1975 (Cth), ss.4AA, 75, 79, 90SF and 90SM Federal Magistrates Act 1999 (Cth), Pt. 6, Div. 5 Federal Magistrates Court Rules 2001 (Cth), r.21.02(1)(b) |
| Baumgartner v Baumgartner (1987) 164 CLR 137; (1988) DFC 95-058) Calverley and Green (1984) 155 CLR 242; (1984) FLC 91-565 Clauson (1995) FLC 92-595 Clives and Clives (2008) FLC 93-385 Coghlan (2005) FLC 93-220 Ferraro (1993) FLC 92-335 Hayne and Hayne (1977) FLC 90-265 Hickey (2003) FLC 93-143 Garrett and Garrett (1984) FLC 91-539 Lee Steere (1985) FLC 91-626 Kessey and Kessey (1994) FLC 92-495 Mallet v Mallet (1984) FLC 91-507 Muschinski and Dodds (1984-1985) 160 C.L.R. 583 OSF and OJK (2004) FLC 93-191 Rolfe and Rolfe (1979) FLC 90-62 Russell v Russell(1999) FLC 92-877 |
| Applicant: | MS FARLEY |
| Respondent: | MR MANOLY |
| File Number: | LNC 348 of 2010 |
| Judgment of: | Roberts FM |
| Hearing date: | 6 September 2011 |
| Date of Last Submission: | 6 September 2011 |
| Delivered at: | Launceston |
| Delivered on: | 24 January 2012 |
REPRESENTATION
| Counsel for the Applicant: | Mr W Ayliffe |
| Solicitors for the Applicant: | Doolan & Brothers |
| Counsel for the Respondent: | Mr D Lewis |
| Solicitors for the Respondent: | Levis Stace & Cooper |
ORDERS:
That within 45 days MS FARLEY (“the Applicant”) must transfer to MR MANOLY (“the Respondent”) all her right, title and interest in the property known as Property C, in Tasmania, more particularly described in Certificate of Title Volume 55673 Folio 29 (“the property”).
That contemporaneously with the transfer referred to in Order No. 1 hereof the Respondent must:
(a)provide to the Applicant a complete release from her obligations under Mortgage number B803499 secured over the title to the property; and
(b)the sum of thirty-four thousand dollars ($34,000.00) by bank cheque.
That from the date of this Order the Respondent has no claim to any interest in the Applicant’s property known as Property F, in Tasmania, more particularly described in Certificate of Title Volume 33015 Folio 2.
That the Applicant and the Respondent each otherwise retains all chattels, motor vehicles, money and other property in their respective possession and control as their sole property free from any claim by the other.
That the Applicant must do all things reasonably required to transfer to the Respondent all her right, title and interest in any property in his possession or control and for such purpose she must complete and sign any documents that may be required to register any such property in the sole name of the Respondent.
That the Respondent must do all things reasonably required to transfer to the Applicant all his right, title and interest in any property in her possession or control and for such purpose he must complete and sign any documents that may be required to register any such property in the sole name of the Applicant.
That…
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- AGLC
- Farley and Manoly [2012] FMCAfam 41
- Case
- [2012] FMCAfam 41
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including the equitable distribution of property between the parties, the satisfaction of financial obligations, and the resolution of encumbrances on the properties in question. Additionally, the court needed to determine the validity of claims regarding other properties and ensure that each party understood their entitlements and responsibilities under the court's orders.
The court meticulously examined the evidence presented and the applicable legal principles to reach its decision. It ordered the transfer of MS FARLEY's interest in Property C to MR MANOLY, along with the release of encumbrances and the payment of $34,000. The court also clarified that MR MANOLY had no claim to MS FARLEY's other property, Property F, and vice versa. Furthermore, the court mandated that each party transfer any property they held in the other's possession, ensuring that all property was accurately allocated according to the court's orders. Each party was held responsible for any liabilities on their respective properties and required to indemnify the other against such liabilities.
The court's final orders included the transfer of MS FARLEY's interest in Property C to MR MANOLY, the release of encumbrances, and the payment of $34,000. It also established that neither party had any claim to the other's additional properties. The court mandated that both parties transfer any property in the other's possession and indemnify each other against any liabilities associated with their respective properties.
Orders
Orders of the court
1.
That within 45 days MS FARLEY (“the Applicant”) must transfer to MR MANOLY (“the Respondent”) all her right, title and interest in the property known as Property C, in Tasmania, more particularly described in Certificate of Title Volume 55673 Folio 29 (“the property”).
2.
That contemporaneously with the transfer referred to in Order No. 1 hereof the Respondent must:
(a) provide to the Applicant a complete release from her obligations under Mortgage number B803499 secured over the title to the property; and
(b) the sum of thirty-four thousand dollars ($34,000.00) by bank cheque.
3.
That from the date of this Order the Respondent has no claim to any interest in the Applicant’s property known as Property F, in Tasmania, more particularly described in Certificate of Title Volume 33015 Folio 2.
4.
That the Applicant and the Respondent each otherwise retains all chattels, motor vehicles, money and other property in their respective possession and control as their sole property free from any claim by the other.
5.
That the Applicant must do all things reasonably required to transfer to the Respondent all her right, title and interest in any property in his possession or control and for such purpose she must complete and sign any documents that may be required to register any such property in the sole name of the Respondent.
6.
That the Respondent must do all things reasonably required to transfer to the Applicant all his right, title and interest in any property in her possession or control and for such purpose he must complete and sign any documents that may be required to register any such property in the sole name of the Applicant.
7.
That each party is solely liable for, and must indemnify the other against any liability encumbering or charged against any property to which that party is entitled to pursuant to these Orders.
8.
That all extant applications are dismissed, save as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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