Farnham & Farnham

Case [2022] FedCFamC2F 83


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Farnham & Farnham [2022] FedCFamC2F 83

File number(s): LNC 264 of 2020
Judgment of: JUDGE TURNBULL
Date of judgment: 4 February 2022
Catchwords: FAMILY LAW – PROPERTY – Both parties wish to retain the matrimonial home – possibility of selling the former matrimonial home for a greater amount than it is valued in the proceedings – range of possible valuations – addbacks – parties signed a Heads of Agreement – whether court bound by prior agreement of the parties.
Legislation:

Family Law Act 1975 (Cth), ss.75, 79, 90XT

Duties Act 2001 (Tas), s.56

Cases cited: Lotta & Lotta [2017] FamCA 50
Woodcock & Woodcock [1997] FamCA 5
Hsiao & Fazarri [2019] FamCAFC 37
DW & GT [2005] FamCA 161
Stanford & Stanford [2012] HCA 52; 247 CLR 108
Hsiao & Fazarri [2020] HCA 35
Manifold & Alderton [2021] FamCAFC 61
Blatch v Archer (1774) 98 ER 969
Williams & Williams [2007] FamCA 313
Jabour& Jabour [2019] FamCAFC 78
Wallis & Manning [2017] FamCAFC 14
Beck & Beck (1983) FLC 91-318
Clauson & Clauson (1995) FLC 92-595
Mabb & Mabb [2020] FamCAFC 18
Kowaliw & Kowaliw (1981) FLC 91-092
Phillips & Phillips [2002] FamCA 350
Teal & Teal [2010] FamCAFC 120
Myerthall & Myerthall [1977] FamCA 59
Aleksovski & Aleksovski [1996] FamCA 111
Dovgan & Dovgan [2021] FamCA 306
Division: Division 2 Family Law
Number of paragraphs: 224
Date of last submission/s: 3 September 2021
Date of hearing: 14 July 2021
Place: Burnie
Counsel for the Applicant: Ms R Brown
Solicitor for the Applicant: Legal Solutions Barristers & Solicitors
Solicitor for the Respondent: Mr M Trezise
Solicitor for the Respondent: McVeity Dean Lawyers

ORDERS

LNC 264 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS FARNHAM

Applicant

AND:

MR FARNHAM

Respondent

ORDER MADE BY:

JUDGE TURNBULL

DATE OF ORDER:

4 FEBRUARY 2022

THE COURT ORDERS THAT:

1.Ms FARNHAM (“the Wife”) and Mr FARNHAM (“the Husband”) will immediately do all acts and things necessary to sell the property situated and known as B Street, Town C in Tasmania and comprised in Certificate of Title Volume … Folio … (“the B Street, Town C property”) and to that end:

a.Both parties will list the B Street, Town C property with D Real Estate for a price not less than $450,000.00;

b.Both parties will follow the reasonable advice of the Real Estate Agent engaged to sell the B Street, Town C property;

c.The Husband will, at his expense, (noting that such expense will be reimbursed to him from the proceeds of sale of the B Street, Town C property), undertake in a timely fashion all reasonable maintenance, repairs and improvements to the presentation of the B Street, Town C property as recommended by D Real Estate and agreed to by the Wife;

d.The Husband will make the B Street, Town C property available for inspection by potential purchasers at times nominated by D Real Estate, including for open homes…

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AGLC
Farnham & Farnham [2022] FedCFamC2F 83
Case
[2022] FedCFamC2F 83
Decision Date

CaseChat Overview and Summary

Ms Farnham commenced proceedings against Mr Farnham in the Federal Circuit Court of Australia seeking a property settlement and parenting orders. The parenting orders were finalised by consent on 27 January 2021, leaving only the property settlement to be determined. The Court heard the matter over two days, on 14 July 2021 and 30 August 2021. Both parties made submissions as to the fate of the former matrimonial home at B Street, Town C, and as to whether there should be an adjustment of property interests pursuant to s 79 of the Family Law Act 1975 (Cth). The Court determined that the parties’ property interests should be adjusted, and ordered that the B Street, Town C property be sold. The Court further determined that the Wife should receive 55% of the non-superannuation property and an equal division of superannuation property. The Court ordered that the Husband retain the Kubota excavator, boat trailer, motors, motorbike and ATV with a total value of $21,950.00, while the Wife retains the Motor Vehicle 1 and chainsaw with a total value of $10,200.00. The Court ordered that the parties sell the Kubota ride-on mower, the tractor and implements, caravan, cows and the cattle scales, and that the proceeds be divided equally. The Court also ordered that $67,242.00 of the Husband’s superannuation interest be paid to the Wife.

Orders

Orders of the court

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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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