Franklin and Ennis (No.2)

Case [2018] FCCA 2351


FEDERAL CIRCUIT COURT OF AUSTRALIA

FRANKLIN & ENNIS (No.2) [2018] FCCA 2351
Catchwords:
FAMILY LAW – De facto property claim – de facto relationship of 18 years – where the parties had an agreement as to finances – where the agreement was not a Cohabitation Agreement under the Property (Relationships) Act 1984 (NSW) – where the vast majority of the assets are held by the de facto wife – where the de facto husband was declared bankrupt twice during the relationship – where the de facto wife asserts no adjustment should be made in favour of the de factor husband – role of comparable cases in assessing the just and equitable requirement - where an adjustment is determined to be just and equitable.

Legislation:

Family Law Act 1975, ss.4AA, 74, 75, 79, 90G, 90SB, 90SF, 90SM

Federal Circuit Court Rules 2001 (Cth)
Property (Relationships) Act 1984 (NSW)

Cases cited:

Anson & Meek [2017] FamCAFC 257
Barbaro v The Queen (2014) 253 CLR 58
Bevan & Bevan [2013] FamCAFC 116
Bonacci & Bonacci [2012] FamCAFC 15
C & C (2000) FLC 93-220
Chapman & Chapman (2014) FLC 93-592; 51 FamLR 176
Chancellor and McCoy [2016] FamCAFC 256
Coghlan & Coghlan (2005) FLC 93-220
DJM v JLM (1998) FLC 92-816;
Dickons & Dickons, (2014) 50 Fam LR 244;
Director of Public Prosecutions v Dalgliesh (a pseudonym) [2017] HCA 41
Doherty and Doherty (1996) FLC 92-652;

Evans & Marmont (1997) NSWLR 70;

Fenton & Marvel [2013] FamCAFC 132
Franklin & Ennis [2015] FCCA 2099
Fielding and Nichol [2014] FCWA 77
Fitzgerald-Stevens & Leslighter [2015] FCWA 25
Georgeson and Georgeson (1995) FLC 92-618
Gould and Gould [2007] FamCA 609; (2007) FLC 93-333
Hearne & Hearne [2018] FamCAFC 178
Hickey & Hickey & Attorney General for the Commonwealth of Australia (2003) FLC 93-143
Hili v The Queen [2010] HCA 45; (2010) 242 CLR 520
In the Marriage of Aleksovski (1996) FLC 92-705 at 83,437
In the marriage of Black and Kellner (1992) 15 Fam LR 343; FLC 92-28
In the marriage of Briese (1985) 10 Fam LR 665
In the Marriage of Burke (1981) FLC 91-055
JEL & DDF (2001) FLC 93,075
Kannis & Kannis (2003) FLC 93-135
Kardos & Sarbutt [2006] NSWCA 11, (2006) 34 FamLR 550
Kowalski and Kowalski (1993) FLC 92-342
Manolis & Manolis (No 2) [2011] FamCAFC 105
Martin & Newton (2011) FLC 93-490
Marsh & Marsh (2014) FLC¶93-576

Norbis v Norbis (1986) 161 CLR 513

Norman & Norman [2010] FamCAFC 66
Pierce & Pierce (1999) FLC 92-844
Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118
Polonius & York [2010] FamCAFC 228
Rosati v Rosati (1998) FLC 92-804
Robb & Robb (1995) FLC 92555
Sieling & Sieling (1979) FLC 90-627
Sippel & Sippel [2004] FamCA 201
Stanford & Stanford [2012] HCA 52

Teal & Teal [2010] FamCAFC 120

Wallis & Manning [2017] FamCAFC 14;

Waterman & Waterman [2017] FamCAFC 23

Williams & Williams [2007] FamCA 313
Woodcock & Woodcock  (1997)…

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AGLC
Franklin and Ennis (No.2) [2018] FCCA 2351
Case
[2018] FCCA 2351
Decision Date

CaseChat Overview and Summary

In *Franklin and Ennis (No.2)*, Judge Harper of the Federal Court of Australia considered the dispute between the applicant and the respondent concerning the final orders to be made in the proceeding.

The primary legal issue before the Court was how to resolve the outstanding matters of proposed orders and costs, particularly in circumstances where the parties might not reach an agreement.

Judge Harper directed the parties to submit an agreed minute of proposed orders within 14 days, with the possibility of these orders being made in chambers. The Court also stipulated that these orders must address the question of costs. If the parties could not agree on the proposed orders, the applicant was to arrange for the matter to be relisted for further consideration by the Court, with notice to the respondent. Any applications regarding costs would be determined by written submissions, unless an oral hearing was requested.

Orders

Orders of the court

1.

By no later than 4.00 pm on the date 14 days from the date of these orders the parties are to submit to chambers an agreed minute of proposed orders in accordance with these reasons, and if appropriate such orders may be made in chambers.

2.

Such orders are to deal with the question of costs.

3.

In the event the parties are unable to agree on a minute of orders, the applicant is to contact chambers to seek to have the matter relisted, with notice to the respondent.

THE COURT NOTES THAT:

4.

Any application as to costs will be dealt with by way of written submissions, unless the parties request to be heard orally.

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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