Gadhavi & Gadhavi - [2022] FedCFamC1F 999

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Gadhavi & Gadhavi [2022] FedCFamC1F 999

File number: SYC 7722 of 2018

Judgment of: HENDERSON J

Date of judgment: 19 December 2022

Catchwords:
FAMILY LAW – PROPERTY SETTLEMENT – Where the wife seeks 60 per cent and the husband seeks 65 percent of the matrimonial asset pool – Where the asset pool is approaching $25 million – Contributions – Finding the husband made a superior initial financial contribution – Where there is a contest relating to the parent and homemaker contributions of both parties – Where there are two children of the marriage – Where both children were over 18 years old at the hearing – Where the eldest child had significant behavioural issues as a child and the youngest child had significant health issues at a young age – Family violence – Where the wife alleges significant and systemic family violence perpetrated by the husband – Where the husband denies the allegations – Finding that the husband perpetrated significant and systemic violence against the wife including coercion and control and denigration which conduct the eldest child of the marriage was subject to at times and both children witnessed – Consideration of Kennon & Kennon (1997) 22 Fam LR 1 principles – Where the wife submits that the family violence perpetrated by the husband made all of her contributions more arduous – Finding that the husband’s conduct and behaviour caused all of the contributions made by the wife during the marriage and post-separation including income earning and homemaker more arduous resulting in division of property of 60 per cent to the wife and 40 per cent to the husband on past contributions –Future needs – Where the husband has not been in paid employment since 2008 and the wife is employed full-time earning a substantial income – Where the husband’s income has been derived from a substantial share portfolio – Where the parties agree for the share portfolio to be equally divided – Where the wife is in a superior financial position to the husband – Finding that an adjustment to the husband of 5 per cent is appropriate – Where the husband seeks he be in charge of the sale of the two matrimonial properties – Orders made for the wife to have carriage of the sale of the former matrimonial home where she and the eldest child live – Orders made for the husband to have carriage of the sale of the other matrimonial property where he lives.

FAMILY LAW – INJUNCTIONS – Where the wife seeks a personal protection injunction against the husband – Where an ADVO against the husband for the protection of the wife expires in approximately 2 years – Injunction granted.

Legislation:
Evidence Act 1995 (Cth) ss 50, 164(1).

Family Law Act 1975 (Cth) ss 4AB(1), (2), (3), (4), 75(2)(a), (2)(b), (2)(g), (2)(o), 79(4)(a), (4)(b), (4)(c), (4)(d), (4)(e), 81, 114(1)(a).

Cases cited:
Amador & Amador (2009) 43 Fam LR 268; [2009] FamCAFC 196.

Britt & Britt (2017) 56 Fam LR 526; [2017] FamCAFC 27.

Benson & Drury (2020) 62 Fam LR 1; [2020] FamCAFC 303.

Gadhavi & Gadhavi [2019] FamCA 326.

Jarrett & Jarrett [2009] FMCAfam 55.

Keating & Keating (2019) 59 Fam LR 158; [2019] FamCAFC 46.

Kennon & Kennon (1997) 22 Fam LR 1; [1997] FamCA 27.

Kowaliw and Kowaliw (1981) FLC 91-092 .

Division: Division 1 First Instance

Number of paragraphs: 435

Date of last submissions: 23 August 2022

Date of hearing: 27–30 June 2022, 1 July 2022, 23 August 2022

Place: Sydney

Counsel for the Applicant: Mr Cummings SC

Solicitor for the Applicant: Broun Abrahams Burreket

Counsel for the Respondent: Mr Hodgson

Solicitor for the Respondent: Pearson Emerson Family Lawyers
ORDERS

SYC 7722 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS GADHAVI

Applicant

AND:
MR GADHAVI

Respondent

order made by:

HENDERSON J

DATE OF ORDER:

19 December 2022

THE COURT ORDERS THAT:
Real Estate – Suburb H Property
1.The wife be appointed trustee for herself and the husband for sale of the property known as and situate at E Street, Suburb H in the state of New South Wales being the whole of the land contained in folio identifier … (“the Suburb H property”) pursuant to Order 2 up to and including settlement pursuant to Order 3.
2.The wife do all acts and things and sign all documents necessary to list for sale and cause to be sold the Suburb H property as follows:
(a)Within 14 days of the date of the making of these orders appoint Mr O and Mr N of M Real Estate Suburb H (“the Suburb H agent”) to act as agent on the sale of the Suburb H property and execute all documents requested by the Suburb H agent for the sale of the Suburb H property including but not limited to the Suburb H agent’s contract in its standard terms and with the standard fees (“the Suburb H Agency Agreement”);
(b)Organise repairs and/or improvements as advised by the Suburb H agent in writing to ready the Suburb H property for sale, with such work to include but not be limited to re-waterproofing the flat garage roof if this work is not otherwise covered by insurance, with all such expenses to be paid from the monies received pursuant to 2019 P Insurance claim ($37,500) and if that sum is insufficient, otherwise at the wife’s expense at first instance, to be adjusted on settlement pursuant to Order 3(d).
(c)Within twelve (12) weeks of entering into the Suburb H Agency Agreement, cause the Suburb H property to be marketed for sale (“the listing”) in accordance with the Suburb H agent’s recommendation in writing as to:
(i)Whether such listing is by way of private treaty or by way of auction; and
(ii)The listing/reserve price;

provided that there is 6 clear weeks between the listing and 25 December, and if there is not the listing will be delayed until no later 1 February in the year immediately following;
(d)Give instructions as are necessary to a legal practitioner or licenced conveyancer nominated by the wife to act on the sale (“the Suburb H conveyancer”);
(e)In the event the Suburb H property is listed for auction pursuant to Order 2(c) (“the first auction”) and it does not sell, the wife will do all acts and things to cause the listing of the Suburb H property for sale by private treaty for a period of four (4) weeks from the date of the auction (“the first private treaty period”), in which time any offer made to purchase the Suburb H property within 5 per cent of the reserve price of the first auction will be accepted;
(f)In the event the Suburb H property is not sold at the first auction and is not sold in the first private treaty period, the wife will cause the Suburb H property to be listed for sale by further public auction with the Suburb H agent on a date within six (6) weeks of the date of the conclusion of the first private treaty period (“the second auction”) at such reserve price nominated by the Suburb H agent, provided that such auction falls not less than 6 weeks before 25 December and if it does not the Suburb H property is to be listed for auction no later than 1 February in the year immediately following;
(g)Attend (or have her nominee attend) any auction pursuant to these orders and in the event the reserve price set for that auction is not reached, negotiate with the highest bidder and the second highest bidder and accept the highest offer to purchase made within 5 per cent of the reserve price set for that auction;
(h)In the event the Suburb H property is not sold at the second auction, as soon as practicable thereafter, cause the Suburb H property to be listed for sale on the same conditions as provided for in Order 2(f) and Order 2(g), successively until it is sold;
(i)Execute the contract for sale in the form advised by the Suburb H conveyancer;
(j)Cooperate in every way with the Suburb H agent in relation to the sale of the Suburb H property at all times requested by the Suburb H agent and ensure that the Suburb H property is in a neat and clean condition;
(k)Execute all other documents necessary to complete the sale within the time required by the contract for sale to ensure that the purchasers do not have a right to terminate or rescind due to failure to do so;
(l)Keep the husband informed of the progress of the sale (via her legal representatives) including to:
(i)Provide a copy of the signed Suburb H Agency Agreement;
(ii)Provide a copy of the final draft contract for sale;
(iii)Advise of compliance with each order above;
(iv)Advise of the Suburb H’s agent’s recommendations as to method of sale and listing price;
(v)Advise of any offers made by a prospective purchaser;
(vi)Advise the date, time and place of any auction;
(vii)Advise the outcome of any auction.

3.On settlement of the sale of the Suburb H property, the wife will do all acts and things and give all instructions necessary to cause the distribution of the proceeds of sale of the Suburb H property in the following manner and priority:
(a)In payment of the Suburb H agent’s commission, marketing and advertising costs and auctioneer fees, and in reimbursement to the wife of any upfront marketing or other costs required by the Suburb H agent;
(b)In payment of the legal costs of sale;
(c)In payment to the supplier of any unpaid costs of the preparation of the Suburb H property for sale, where such costs were incurred pursuant to Order 2(b) and verified by a tax invoice;
(d)In payment to the wife of such amount by way of reimbursement for any expense incurred pursuant to Order 2(b), paid by her in advance of the settlement of the sale and verified by a tax invoice;
(e)Payment of any amount outstanding to any water authority or local council in respect of the Suburb H property not otherwise taken up in favour of the vendor;
(f)Of the amount then remaining:
(i)55 per cent to the wife, less the amount of $2,568,440 being the value of other property in her possession or control; and
(ii)45 per cent to the husband, less the amount of $1,982,857 (the remainder) to be paid at the same time the husband causes the wife to be paid her share of the sale proceeds of the Suburb R property as set out in Order 7(f).

4.Pending the sale of the Suburb H property pursuant to Order 2:
(a)The wife will have exclusive occupation of the Suburb H property and the husband be and is hereby restrained from attending the Suburb H property without prior written consent in the form of a letter from the wife’s legal representatives;
(b)The wife will pay the following costs and expenses associated with the Suburb H property as and when they fall due:
(i)Council and water rates;
(ii)Utility bills; and
(iii)Home and contents insurance.

(c)Each of the parties be and are hereby restrained from charging or encumbering the Suburb H property without the express written consent of the other party.

Real Estate – Suburb R Property
5.The husband be appointed trustee for himself and the wife for sale of the property known as and situate at Q Street, Suburb R in the state of New South Wales being the whole of the land in folio identifier … (“the Suburb R property”) pursuant to Order 6 up to and including settlement pursuant to Order 7.
6.The husband will do all acts and things and sign all documents necessary to list for sale and cause to be sold the Suburb R property as follows:
(a)Within 14 days of the date of the making of these orders appoint such agent as the husband nominates (“the Suburb R agent”) to act as agent on the sale of the Suburb R property and execute all documents requested by the Suburb R agent for the sale of the Suburb R property including but not limited to the Suburb R agent’s contract in its standard terms and with the standard fees (“the Suburb R Agency Agreement”);
(b)Organise any repairs or improvements as advised by the Suburb R agent to ready the Suburb R property for sale in writing, at the husband’s expense at first instance and to be adjusted on settlement pursuant to Order 7(d);
(c)Within twelve (12) weeks of entering into the Suburb R Agency Agreement, cause the Suburb R property to be marketed for sale in accordance with the Suburb R agent’s recommendation as to:
(i)Whether such listing is by way of private treaty or by way of auction; and
(ii)The listing/reserve price;

(d)Give instructions as are necessary to a legal practitioner or licenced conveyancer nominated by the husband to act on the sale (“the Suburb R conveyancer”);
(e)In the event the Suburb R property is listed for auction pursuant to Order 6(c)(i) (“the first auction”) and it does not sell, the husband will do all acts and things to cause the listing of the Suburb R property for sale by private treaty for a period of four (4) weeks from the date of the auction (“the first private treaty period”), in which time any offer made to purchase the Suburb R property within 5 per cent of the reserve price of the first auction will be accepted;
(f)In the event the Suburb R property is not sold at the first auction and is not sold in the first private treaty period, the husband will cause the Suburb R property to be listed for sale by further public auction with the Suburb R agent on a date within six (6) weeks of the date of the conclusion of the first private treaty period (“the second auction”) at such reserve price nominated by the Suburb R agent;
(g)Attend (or have his nominee attend) any auction pursuant to these orders and in the event the reserve price set for that auction is not reached, negotiate with the highest bidder and the second highest bidder and accept the highest offer to purchase made within 5 per cent of the reserve price set for that auction;
(h)In the event the Suburb R property is not sold at the second auction, as soon as practicable thereafter cause the Suburb R property to be listed for sale on the same conditions as provided for in Order 6(e) and Order 6(f) successively until it is sold;
(i)Execute the contract for sale in a form advised by the Suburb R conveyancer;
(j)Co-operate in every way with the Suburb R agent in relation to the sale of the Suburb R property at all times requested by the Suburb R agent and ensure that the Suburb R property is in a neat and clean condition;
(k)Execute all other documents necessary to complete the sale within the time required by the contract for sale to ensure that the purchasers do not have a right to terminate or rescind due to failure to do so;
(l)Keep the wife informed of the progress of the sale (via his legal representatives) including to:
(i)Provide a copy of the signed Suburb R Agency Agreement;
(ii)Provide a copy of the final draft contract for sale;
(iii)Advise of compliance with each order above;
(iv)Advise of the Suburb R agent’s recommendations as to method of sale and listing price;
(v)Advise of any offers made by a prospective purchaser;
(vi)Advise the date, time and place of any auction.

7.On settlement of the sale of the Suburb R property, the husband will do all acts and things and give all instructions necessary to cause the distribution of the proceeds of sale of the Suburb R property in the following manner and priority:
(a)In payment of the Suburb R agent’s commission, marketing and advertising costs and auctioneer fees and in reimbursement to the husband of any upfront marketing or other costs required by the Suburb R agent;
(b)In payment of the legal costs of sale;
(c)In payment to the supplier of any unpaid costs of the preparation of the Suburb R property for sale, where such costs have been incurred pursuant to Order 6(b) and verified by a tax invoice;
(d)In payment to the husband such amount by way of reimbursement for any expense incurred pursuant to Order 6(b) paid by him in advance of the settlement of the sale and verified by a tax invoice;
(e)Payment of any amount outstanding to any water authority or local council in respect of the Suburb R property not otherwise taken up in favour of the vendor;
(f)Of the amount then remaining:
(i)55 per cent to the wife; and
(ii)The remainder to the husband.

8.Pending the settlement of the sale of the Suburb R property:
(a)The husband will pay the following costs and expenses associated with the Suburb R property as and when they fall due:
(i)Council and water rates;
(ii)Utility bills; and
(iii)Home and contents insurance.

(b)Each of the parties be and are hereby restrained from charging or encumbering the Suburb R property without the express written consent of the other party.

9.In the event of any dispute between the parties in relation to the reimbursements provided for in Orders 3(d) and/or Order 7(d) an amount equal to the dispute will be retained in the trust account of the conveyancer acting on the sale of that property pending further order or agreement, and it is expressly noted that the intention of this order is to ensure that the distribution of the wife’s entitlements pursuant to Orders 3(f)(i) and 7(f)(i) and the husband’s entitlements pursuant to Orders 3(f)(ii) and 7(f)(ii) occurs notwithstanding any dispute as to the reimbursements.
10.That each of the husband and the wife be at liberty to bid at any public auction of the Suburb R property.

P Insurance Cheque
11.For the purpose of Order 2(b), within 14 days of the date of the making of these orders the husband will do all acts and things and sign all documents necessary to direct P Insurance to reissue the cheque presently in the names of both parties into the sole name of the wife.

Coverall
12.Except as otherwise provided for by these orders:
(a)The wife to the exclusion of the husband be declared to have the sole right, title and interest in all other assets of whatsoever nature and kind in her sole possession and control at the date of these orders including superannuation;
(b)The husband to the exclusion of the wife be declared to have the sole right, title and interest in all other assets of whatsoever nature and kind in his sole possession and control at the date of these orders including superannuation;
(c)The wife hereby indemnifies the husband from and against any and all actions, claims, suits and demands as may be made against the husband in relation to all liabilities in the name of the wife;
(d)The husband hereby indemnifies the wife from and against any and all actions, claims, suits and demands as may be made against the wife in relation to all liabilities in the name of the husband.

Share Cost Base
13.The husband provide to the wife all documents in his possession or control in relation to the cost base of shares comprising those the wife receives pursuant the orders made on 21 June 2022, as required by the wife to complete any future tax return, within 14 days of a written request on behalf of the wife.

Protection Orders
14.Pursuant to section 114(1)(a) of the Family Law Act 1975 (Cth), the husband be and is hereby restrained from coming within 50 metres of the wife or communicating with the wife directly or indirectly by any means whatsoever other than through his legal representatives.

Section 106A
15.Pursuant to section 106A of the Family Law Act 1975 (Cth), in the event either party refuses or neglects to execute any Deed or Instrument necessary to give effect to these orders, then a registrar of a Court of competent jurisdiction in relation to the Family Law Act 1975 (Cth) is appointed to execute such Deed or Instrument in the name of the defaulting party and do all acts and things necessary to give validity and operation to the Deed or Instrument.

Costs
16.The wife is to provide her written submission in relation to costs within 28 days of the date of these orders.
17.Thereafter, the husband is to provide his written submissions in reply in relation to costs within 28 days.

AND THE COURT NOTES THAT:
A.An order was made by consent on 21 June 2022, providing the wife with 50 per cent of the husband’s CommSec share portfolio by way of partial property settlement in the following terms:
1.Within 21 days of the date of the making of this Order the Husband will do all acts and things and sign all documents necessary to cause the in specie transfer to the Wife of 50% of the Husband’s right title and interest in each parcel of shares held by him in CommSec share portfolio account number […] (Public Shares) by way of partial property settlement and in the event that there are an uneven number of shares in each parcel the parties will allocate the extra share between them on an alternate basis, and to the effect that they should each receive shares of approximate value.
2.That within 7 days the wife will do all acts and things necessary to open a share brokerage account and provide the details of her account to the Husband so that he can comply with Order 1.
3.That the brokerage and/or share transfer fee (if any) incurred as a result of the transfers in Order 1 be paid by the Wife.
4.Pending compliance with Order 1 the Husband be and is hereby restrained from dealing with the Public Shares other than to comply with Order 1.
5.IT IS NOTED that the transfer of 50% of the Public Shares to the wife is not a concession by either party that this is an appropriate overall percentage split for property adjustment.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Gadhavi & Gadhavi has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT

THE HEARING

[5]

DOCUMENTS AND EXHIBITS

[8]

CHRONOLOGY

[11]

Chronology of allegations of family violence raised by the wife

[151]

ISSUES

[184]

THE CONDUCT OF THE HUSBAND

[185]

THE PARTIES’ POSITIONS

[186]

Contributions during the marriage and post-separation

[211]

Allegations of family violence perpetrated by the husband towards the wife and children

[223]

Financial issues

[274]

Findings in relation to financial matters

[337]

THE KENNON ARGUMENT

[359]

THE LAW

[392]

Assessing the matrimonial asset pool

[405]

OTHER MATTERS

[433]

SCHEDULE A – CORRESPONDENCE

p.75

SCHEDULE B – SOCIAL MEDIA POSTS

p.85

SCHEDULE C – TEXT MESSAGES

p.88

SCHEDULE D – AUDIO AND VIDEO RECORDINGS

p.91

SCHEDULE E – AFFIDAVIT EVIDENCE

p.92

SCHEDULE F – SUBPOENA MATERIAL

p.99

HENDERSON J

In the matter of Gadhavi, the parties applied for a division of their property after a lengthy marriage of some 20 years which began in unhappy circumstances and ended in acrimonious circumstances. The parties were married in 1998 and separated on 20 July 2018.
There are two children of the marriage: Mr B and X (“the children”), who are currently 22 and 19 years of age respectively. Mr B had behavioural difficulties as a child and was difficult to parent during the marriage. X had health issues, particularly as a baby, and had surgery at around nine months of age.
Despite these difficulties, the children have progressed well, each achieving extraordinary academic results. Mr B is studying and has a keen interest in social issues and assisting those less fortunate than him. X is studying at G University in the hope of an international career. These remarkable young adults will no doubt make a significant contribution to society.
Although this is a property matter, issues concerning the husband’s treatment of the wife and Mr B in particular, and parenting of the children, contributions by each as parent and homemaker and generally, loomed large at the hearing.
THE HEARING
The hearing occurred over six days from 27 June 2022 to 1 July 2022, and 23 August 2022 for oral submissions.
The wife was represented by Mr Cummings SC and the husband was represented by Mr Hodgson of counsel.
Only the parties gave evidence.
DOCUMENTS AND EXHIBITS
The material read was as follows:
(1)For the applicant wife (as contained in her Court Book):
(a)Initiating Application filed 3 December 2018;
(b)Financial Statement filed 20 April 2022;
(c)Affidavit of Ms Gadhavi (with annexures) filed 20 April 2022;
(d)Affidavit of Ms Gadhavi filed 21 April 2022; and
(e)Case Outline with Minute of Order sought dated 20 April 2022.
(2)For the respondent husband (as contained in his Court Book):
(a)Financial Statement filed 27 May 2022;
(b)Affidavit of Mr Gadhavi (with annexures) filed 27 May 2022; and
(c)Case Outline with Minute of Final Orders sought dated 20 June 2022.
Documents tendered and marked as exhibits are as follows:
(1)For the applicant wife:
(a)An Amended Minute of Order sought dated 27 June 2022 (Exhibit W2);
(b)A list of audio and video files as part of the annexures to the affidavit of Ms Gadhavi filed 20 April 2022 with handwritten dates of when each recording was made, and the audio and video files themselves (Exhibit W3), with the dates of the recordings as follows:
(i)A 2 minute and 29 second audio recording from 20 October 2006, tendered for paragraph 31.1;
(ii)An audio recording (in two parts of 11 minutes and 24 seconds, and 5 minutes and 36 seconds respectively) from 10 January 2010, tendered for paragraph 31.2;
(iii)An audio recording (in two parts of 40 seconds and 57 seconds respectively) from September 2006, tendered for paragraph 31.3;
(iv)A 4 second video recording from 2017, tendered for paragraph 31.4;
(v)A 2 minute and 51 second video recording from 23 May 2018, tendered for paragraph 31.5; and
(vi)A 5 minute and 18 second video recording from 14 December 2018, tendered for paragraph 98.
(c)A bundle of documents, including letters from P Insurance to Mr Gadhavi and Ms Gadhavi dated 12 July 2019, and to Ms Gadhavi dated 12 July 2019 (Exhibit W4);
(d)Costs Notice filed 24 June 2022 (Exhibit W5);
(e)Paragraph 57 of the affidavit of Mr Gadhavi (page 9 of 13) filed 22 January 2019 (Exhibit W6);
(f)A photocopy (with redactions) of a document dated 21 February 2018 from the material produced under subpoena from Dr W (Exhibit W7);
(g)Email correspondence between the Suburb Y Local Court Registrar to the Broun Abrahams Burreket dated June 2022 with an ‘Application to Vary or Revoke Apprehended Violence Order’ for Mr Gadhavi dated June 2021 (Exhibit W8);
(h)COPS Entry dated February 2021 on page 3 of 13 of a bundle of document produced under subpoena from NSW Police (Exhibit W9);
(i)Affidavit of Mr Gadhavi file 22 January 2019 (Exhibit W10);
(j)A summary prepared pursuant to section 50 of the Evidence Act 1995 (Cth), with a breakdown of the wife’s expenditure from the Z Bank account ending #...53 for the period July 2018 to June 2022, together with letters from Broun Abrahams Burreket to Pearson Emerson dated 13 May 2022 and 23 June 2022 (Exhibit W11).
(k)Costs Notice filed 22 August 2022 (Exhibit W12);
(l)A tender bundle of documents (Exhibit W13), consisting of:
(i)A letter from Broun Abrahams Burreket to Pearson Emerson dated 19 August 2022;
(ii)A chain of messages between the husband and Mr B; and
(iii)An ‘Order Varying Apprehended Domestic Violence Order’ for the husband dated 5 August 2022.
(m)An outline of submissions on the husband’s contended add-back (Exhibit W14); and
(n)A letter from the AA Super Fund Trustee to Broun Abrahams Burreket dated 19 May 2022 enclosing two Form 6 to the Super Fund 1 and the Super Fund 2 (Exhibit W15).
(2)For the respondent husband:
(a)Affidavit of Mr Gadhavi (with annexures) filed 27 June 2022 (Exhibit H1);
(b)A transaction list of the T Finance credit card account ending in #...02 for the period 29 May 2022 to 16 June 2022 (Exhibit H3);
(c)Costs Notice filed 27 June 2022 (Exhibit H4);
(d)Photocopies of statements 139 and 140 of the Z Bank account ending in #...33 for the periods 6 May 2008 to 5 June 2008 and 6 June 2008 to 5 July 2008 respectively, produced under subpoena from Z Bank (Exhibit H5);
(e)Documents produced under subpoena from S Hospital as marked by light green tabs (Exhibit H6);
(f)Documents produced under subpoena from U Hospital marked by blue tabs (Exhibit H7);
(g)Parts of the transcript of the Local Court proceedings … as marked by blue tabs (Exhibit H8); and
(h)An Amended Minute of Order sought dated 22 August 2022 (Exhibit H9).
(3)By the Court:
(a)Joint Balance Sheet (Exhibit C1); and
(b)An extract of pages 60-64 of the transcript of the Local Court proceedings … (Exhibit C2).
On the final day of the hearing, senior counsel for the wife provided me with a copy of a paper authored by the Honourable Gary Watts AM, ‘How to run and defend financial claims arising from family violence’.[1] This document was received and read by the Court without objection.
[1] The Honourable Garry Watts AM, “How to Run and Defend Financial Claims Arising from Family Violence” (Conference Paper, National Family Law Conference, 14–17 August 2022).
CHRONOLOGY
In 1957, the husband was born in the UK, and at the hearing’s conclusion was 64 years of age.
In 1964, the wife was born in Country V, and at the hearing’s conclusion was 57 years of age.
In January 1989, the wife purchased the property at BB Street, Suburb CC (“the Suburb CC property”) for $175,000 subject to a mortgage.
On 21 January 1991, the wife became a member in the Super Fund 2.
On 1 December 1992, the wife became a member in the Super Fund 1.
In August 1993, the wife paid out the mortgage over the Suburb CC property in full.
In June 1994, the wife purchased the property at DD Street, Suburb EE (“the Suburb EE property”) for $174,000 subject to a mortgage.
In late December 1996, the wife received $257,500 from an unencumbered sale of the Suburb CC property.
Between late December 1996 and early January 1997, the wife purchased the property at FF Street, Suburb GG (“the Suburb GG property”) for $500,000 subject to a mortgage and using the net proceeds of sale from the Suburb CC property.
In 1998, the parties marry and commence cohabitation. The husband had net assets totalling $2,716,236 and the wife, according to the husband, assets of approximately $375,000.[2]
[2] See below at [205].
In 1999, the wife sold the Suburb GG property for $630,000.
In April 1999, the husband sold the property at HH Street, Suburb H (“the HH Street property”) for $1,275,000.
On 31 May 1999, the parties purchased the former matrimonial home at E Street, Suburb H (“the Suburb H property”) in their joint names unencumbered for $2,050,000.
On 21 July 1999, the husband pays an amount of $58,000 from his JJ Bank account into the wife’s AD Bank account. Approximately one month later in August 1999, the AD Bank mortgage secured against the Suburb EE property is discharged.
On 5 November 1999, the husband withdraws $100,000 from his JJ Bank Account and purchases KK Company securities in the wife’s name for this amount.
On 16 February 2000, the husband purchases Commonwealth Bank of Australia Bills in the wife’s name for $544,594.81, using savings and from the redemption proceeds of his JJ Bank restricted units, which he owned at the date of marriage.
In 2000, the child Mr B was born. The wife takes 12 months maternity leave.
From the birth of Mr B until approximately 2011, the parties employ a nanny to care for the children.
On 22 March 2001, the husband redeems funds in separate amounts of $30,000, $30,000, and $25,000 to purchase Commonwealth Bank of Australia shares in the names of the wife and her parents.
The husband alleges he has no record of any of these funds being repaid to him by the wife or her parents.[3] This is of little consequence in a marriage of 20 years when there is an absence of any loan agreement or acceptance these sums were advanced by way of a loan.
[3] As referred to in [24]–[26] and [29].
In 2003, the child X was born. The wife takes 18 months maternity leave.
Prior to, during the marriage and up to 2003, the husband worked in the corporate sector and was highly successful in his business dealing earning significant income and receiving significant bonuses at times.
From 2003 to 2005, the husband took two years off from work to assist in the care for X who had undergone surgery requiring 24-hour care by adults.
In April 2004, the wife sold the Suburb EE property for $415,000 unencumbered and placed this money into savings.
In 2005, the husband resumes his lucrative employment in the corporate sector and remains so employed until 2008. The wife remains the primary carer of the children with the assistance of nannies until the husband ceases employment in 2008.
From the end of July 2005 to 31 March 2013, the wife reduces to her work hours to part-time.
In October 2006, an Apprehended Violence Order was made against the husband for the wife’s protection by the Suburb GG Local Court on application made by NSW Police.
On 7 May 2007, the wife reported an incident of violence by the husband against her to her general practitioner, Dr MM, which had occurred in April 2007.
On 27 June 2007, the parties purchase the property at Q Street, Suburb R (“the Suburb R property”) for $610,000, using funds provided by the wife’s father, as a gift to the parties, as asserted by the wife. The husband evidence on this was inconsistent.
In 2007 but after the purchase of the Suburb R property, the wife’s father passed away.
On 29 August 2007, the wife attended NN Medical Centre and the notes of the centre record an injury to the wife’s head, which the wife alleges was sustained at the hands of the husband.
On 19 December 2007, a grant of probate was issued in respect of the wife’s late father’s estate. An amount of $593,148.91, consisting of $581,148.91 in cash, was inherited by the wife and she placed these funds into savings.
In February 2008, an Apprehended Domestic Violence Order (“ADVO”) was made against the husband for the wife’s protection on the application made by NSW Police with the standard conditions for a period of 12 months.
In March 2008, the husband sells the unencumbered property at PP Street, Suburb QQ (“the Suburb QQ property”) for $580,000. These monies were placed in a bank account and used to fund family expenses throughout the marriage.
In May 2008, the husband’s mother passes away.
In 2008, the husband ceased paid employment and has not engaged in outside employment since that time. Upon cessation of employment, he received bonus of $1 million.
From 2008 until sometime before 2016, the wife undertakes postgraduate studies.
In June 2011, Mr B pulls a knife on the parents, which requires police involvement.
In January 2012, the husband’s father passes away.
On 2 November 2013, the wife had a balance of $1,708,804.91 in her Z Bank account ending in #...53.
On 1 April 2013, the wife returns to full-time work. From her return to work, the wife would often collect Mr B from home or school, take him to work and sometimes for dinner to avoid conflict with the husband and provide X with a peaceful environment.
On 4 February 2014, the wife transferred the entire balance of $1,764,233.24 from her Z Bank account ending in #...53 to the husband at his request.
In 2014, Mr B developed signs and symptoms of a medical condition characterised by painful inflammation which can come and go.
During the course of 2015, the following events occurred:
(1)Video footage was taken of the husband throwing a water bottle at Mr B.
(2)Renovations to the Suburb H property commenced (which at the time of separation remained unfinished).
During the course of 2016, Mr B’s medical condition went into remission.
On 9 September 2016, at the husband’s request, the wife transferred $2,070,100 from her Z Bank account ending #...53 into the husband’s Z Bank account ending #...90.
On 12 September 2016 the husband transferred the $2,070,100 from his Z Bank account ending #...90 to another Z Bank account held in his name ending #...09.
On 19 January 2017, the husband receives $90,466.85 by way of inheritance from the estate of his late mother.
In May 2017, the husband and Mr B have a verbal argument and the husband calls the police to intervene. Mr B was 16 years old.
In 2017, the husband attended upon a psychiatrist at U Hospital. The husband also organised consultations with Dr W (psychologist), Mr OO (counsellor) and Dr MM, and the wife participated in various appointments with each of them. The husband denies the wife attended these appointments.
In July 2017, the wife observes the husband’s depression lift and he was often absent from the home for long periods of time.
In October 2017, Mr B commenced his HSC study.
In November 2017, Mr B is scheduled to have a mental health assessment consequent upon his behaviour after an argument with the wife.
From late 2017 to early 2018, X began to show signs of depression coinciding with a rise in conflict in the household.
In May 2018, the husband called the mental health team and alleged that Mr B is mentally unstable. The team attended and left without follow-up.
In June 2018, the wife left a work event she was hosting. X called her on the telephone and said, “Mum you need to come home urgently. The police are here because dad called the police”.
On 25 June 2018, Mr B woke up vomiting. The wife took Mr B to RR Hospital emergency department. Mr B was diagnosed with a medical condition. While at the hospital, the husband sent the wife abusive texts and she blocked him.
From June 2018 to November 2018, the wife sought and was granted 6-months long service leave to support Mr B while he was completing his HSC. The wife began looking for alternate accommodation for her and the children.
In July 2018, Mr B found a lump which required an operation to biopsy which. Cancer was excluded.
In early July 2018, X says to the wife regarding the household conflict, “Mum I can’t stand it anymore”.
On 12 July 2018, the wife receives an email from the husband, with Mr J carbon copied, addressing various matters including Mr B’s behaviour. Mr B replied to this email to Mr J on 13 July 2018.
On 14 July 2018, the wife takes X to the D Region as a break. While there, the husband sends to the wife 12 emails of an aggressive and threatening nature. The wife attends the local police station and sought the assistance of NSW Police and later spoke to a domestic violence counsellor.
On 19 July 2018, the husband and Mr B argue in the car on his return to school. The husband threatens to call the police, Mr B jumps out of the car. The husband and wife argue on his return home. The wife becomes fearful of the husband asserting she believed he would kill her. The family attends Venue TT for dinner that night as was planned.
On 20 July 2018, following this incident, the wife, husband and Mr B had breakfast at Venue TT and then went to the movies. Mr B and the husband argue. The husband asserts Mr B hit him in the head with a water bottle whilst he was driving and attempted to take control of the car. The husband threatens to drive to the police and changes the cars direction. Mr B and the wife leave the car and return home.

The wife reports these events to police. An ADVO is taken out against the husband for the wife’s protection and police remove the husband from the Suburb H property on charges of assault and stalk and intimidate and a Provisional ADVO was granted by Suburb SS Local Court on behalf of the wife on a provisional basis.
This date also marks when the parties separated on a final basis.
Between 20 July 2018 and 6 August 2018, the husband contacted the wife through nine different third-parties (excluding X) on at least 16 different occasions through a variety of mediums (telephone, text messages, emails) primarily with repeated requests to access the property to retrieve belongings. The husband retrieved numerous belonging during this period and the wife also provided the husband with many items as requested by him.
On 21 July 2018, the wife transferred a total of $2,190,000 from the husband’s Z Bank account ending #...09 in three tranches to her Z Bank account ending #...33.
On 23 July 2018, the wife transferred the $2,190,000 from her Z Bank account ending #...33 into another Z Bank account in her name ending #...53, which is an interest bearing account. The husband refers to this transfer as the $2.185 million that was “stolen” from him.
In July 2018, the husband receives an inheritance of $831,536.62 as the first tranche from his late father’s estate. On the same day, an interim ADVO against the husband for the wife’s protection was granted by Suburb SS Local Court on behalf of the wife. The husband was also charged with common assault, stalking and intimidation on two counts as separate incidences against Mr B and the wife. The husband was unable to remain in the Suburb H property due to the interim ADVO.
On 27 July 2018, the husband cancelled the Foxtel, internet, and telephone services to the Suburb H property, and Mr B’s personal mobile telephone service.
Between July 2018 and December 2019, significant renovations were completed to the Suburb H property by the wife in the absence of the husband.
In October 2018, the contested ADVO taken out for the wife’s protection was listed for hearing. The husband called Mr B to be cross-examined, being two weeks before Mr B was due to commence his HSC exams.
In November 2018, X and the wife departed from Australia where X was participating in a school exchange program. Mr B remained at home.
In November 2018, the application for the final ADVO and related charges were dismissed.
On 15 November 2018, the wife caused her legal representatives to write to the husband’s legal representatives seeking confirmation that the husband would not re-occupy the Suburb H property.
On 19 November 2018, Mr B was home alone at the Suburb H property.
On 20 November 2018, the husband unilaterally moved back into the Suburb H property. Mr B vacates the Suburb H property.
On 22 November 2018, the husband’s legal representatives notify the wife’s legal representatives that the husband has resumed occupation of the Suburb H property.
On 24 November 2018, the wife urgently returned to Australia from the United Kingdom and obtained separate accommodation for herself and the children.
On 3 December 2018, the wife filed an Initiating Application seeking Orders for final property and parenting relief and short service of an interim application for parenting orders and sole occupation of the Suburb H property.
Between 3 December 2018 and 7 December 2018, a number of communications passed between the parties’ legal representatives in relation to the collection of belongings by the wife from the Suburb H property. The husband was not co-operative in facilitating this. On 3 December, the wife’s legal representatives seek confirmation that the husband will not interfere with X’s travel to the United States of America in January 2019. No response is received.
On 5 December 2018, the husband received an inheritance of $175,238.35 from the second tranche of his late father’s estate.
On 7 December 2018, the wife attended at the Suburb H property to collect belongings with notice to him by her legal representatives as she was aware the husband would be interstate. The wife, Mr B and a friend were denied access to the Suburb H property by persons unknown to the wife and who were occupying the home.
On 8 December 2018, the wife sought assistance from NSW Police to access the Suburb H property, which occurred. The husband urged NSW Police to charge the wife with theft after she had mistakenly taken a laptop from the Suburb H property which did not belong to her and which she returned the next day.
On 9 December 2018, the wife was questioned by NSW Police after the husband made a complaint that a “woman and a youth” were in the Suburb H property.
From 12 December 2018 to 11 March 2019, the husband was represented by VV Lawyers.
On 12 December 2018, the husband sends a vitriolic and unhelpful email to the wife’s legal representatives directly.
On 14 December 2018, the wife attended the Suburb H property to retrieve belongings. The husband was present and followed the wife from room to room while holding a camera and filming her. The wife also filmed the interaction. This recording was played and recorded in Court and a transcript produced.[4]
[4] Exhibit W3 (14 December 2018).
In December 2018, X arrives back in Australia from her school exchange.
In December 2018, X’s counsellor made a mandatory report to the Department of Human Services after observing the level of distress exhibited by X over an email she received from the husband in the lead up to Christmas Day.
By early 2019, X’s relationship with the husband had broken down completely.
On 8 January 2019, the husband pressed through his legal representatives to meet with X in-person to obtain details of her travel in 2019 as he “had no faith about the reliability of any information … about the proposed trip to the USA”. X emailed the husband directly confirming the proposed itinerary and provided copy of the research papers.
On 10 January 2019, the husband wrote an email to X stating “I’m available to discuss [Ms F’s] diagnosis with you and anxious to do that and seek a second opinion”. The wife observed that X became distressed about this communication. Ms F is X’s psychologist.
On 11 January 2019, the wife’s legal representatives wrote to the husband’s legal representatives seeking urgent confirmation the husband agreed to X’s travel which was booked to occur on 12 January 2019. A response was not received.
On 12 January 2019, X rang the husband and had the telephone call on speaker. The wife heard the husband say words to the effect of, “I’m concerned about your mental health and you are lying about the trip. I want to meet with you to discuss my consent”. The husband emailed X and carbon copied various third-parties into his email. X went to the Suburb H property and obtained the husband’s consent to travel.
The wife reported her concerns as to X’s safety to police when she had not returned as was anticipated. The police attend the husband’s house asking about X. The husband sent a text message to X stating that his consent was now an issue and requests the wife issue an apology. The wife apologises to the husband for reporting her concerns. The husband subsequently provides his consent. On the same date, X and the wife departed for the United States of America.
X sends an email to her father thanking him for providing his consent. The husband sends an email in reply, which discusses various topics aimed at denigrating the wife.
On 13 January 2019, X replied to the husband’s email from the day before setting out the impact on her of her father’s conduct and treatment of her.
On the same date, the husband wrote a vitriolic and lengthy email concerning the wife, their marriage, the children, financial history and detailing Court events to the following people:
(1)Ms UU, a former nanny employed by the parties;
(2)Mr and Ms XX, of which Ms XX is the wife’s best friend of 50 years;
(3)Mr YY, a former colleague of the husband;
(4)Ms YY, who is Mr YY’s wife;
(5)Mr ZZ, a former colleague of the husband;
(6)Mr AB, a university friend of the husband;
(7)Ms AB, who is Mr AB’s wife; and
(8)Mr J, a friend of the husband.
In January 2019, X and the wife arrived back in Australia from X’s participation in a selective program at G University. Upon her return, X resumed her schooling at L School in Suburb H in Year 11.
On 31 January 2019, Ms XX informed the wife that the husband had sent her a copy of a report produced by Ms F, X’s psychologist.
On 6 February 2019, the parties participated in a Child Dispute Conference with a Family Consultant.
On 22 February 2019, the husband sends a vitriolic email to the wife directly. This correspondence was before Johnston J at the interim hearing on 25 March 2019.
Between March 2019, and September 2019, the husband travelled extensively between the United Kingdom and various other countries.
On 15 March 2019, the husband sends a vitriolic and unhelpful email to the wife’s legal representatives directly.
From 17 March 2019 to 1 May 2019, the husband was represented by AE Lawyers.
On 25 March 2019, the wife was wholly successful in interim proceedings before Johnston J as to sole occupancy of the Suburb H property, parental responsibility for X, restraints, injunctions and personal protection orders for herself and X. Costs were reserved.[5]
[5] Gadhavi & Gadhavi [2019] FamCA 326.
On 7 April 2019, the husband commences to live at the Suburb R property.
In May 2019, the husband attended Mr B’s school assembly when he knew or ought to have known that the wife was in attendance and took photos of her during the assembly.
On 27 June 2019, the husband sends a vitriolic and unhelpful email to the wife’s legal representatives directly.
On 17 July 2019, the husband receives an inheritance of $60,453.07, being the third and final tranche of his late father’s estate.
In July 2019, the husband made a lengthy public post on the wife’s social media page.
On 27 September 2019, the husband sends two vitriolic and unhelpful emails to the wife’s legal representatives directly.
On 15 October 2019, the parties participated in a Conciliation Conference before a registrar of the Court. Orders were made for the husband to provide certain financial disclosure by 15 November 2019, inter alia.
In October 2019, the husband tagged the wife in 42 social media posts which were of a harassing and humiliating nature. The husband also tagged the wife’s employer and related organisations in some of these posts.
On 15 November 2019, the husband sends an email to the Court stating he cannot provide the financial disclosure as ordered on 15 October 2019 and requests an extension of time to comply.
From 17 November 2019 to 27 April 2020, the husband was represented by AG Lawyers.
On 18 February 2020 and 5 March 2020, the husband sends a vitriolic and unhelpful email to the wife’s legal representatives directly.
On 23 March 2020, a Divorce Order was made by the (then) Federal Circuit Court of Australia.
On 6 and 9 April 2020, the husband sends vitriolic and unhelpful emails to the wife’s legal representatives directly.
On 22 April 2020, the husband sent a vitriolic and unhelpful email to the wife’s legal representatives directly. The husband carbon copied the wife’s friend, Ms XX, “in the interests of transparency”.
On 24 and 27 April 2020, the husband sends vitriolic and unhelpful emails to the wife’s legal representatives directly.
On 5 and 7 May 2020, the husband sends vitriolic and unhelpful emails to the wife’s legal representatives directly.
On 13 May 2020, Pearson Emerson Family Lawyers commenced representing the husband.
In June 2020, the wife was injured and worked from home for three months, supported by Mr B.
On 25 August 2020, an ADVO was made against the husband for the wife’s protection by Suburb SS Local Court on the application made by NSW Police. The wife was called as a witness and cross-examined directly by the husband. The ADVO was maintained for a period of one year.
In August 2020, the husband provides the financial disclosure as required by the orders made on 15 October 2019.
On 28 September 2020, the parties participated in a private mediation.
On 26 February 2021, the husband sends 43 messages to Mr B. The wife and Mr B referred these messages to NSW Police.
In February 2021, X commenced attending and staying at AH School together with Mr B, and coming home every second weekend and during some of the lockdown period. This arrangement continued until January 2022 when X moved to the United States of America to pursue tertiary studies.
In March 2021, the husband sets up the Gadhavi Self-Managed Superannuation Fund (“the SMSF”) of $1,125,980 with Mr AJ to manage the investment of funds.
In July 2021, Mr B moved back home from AH School.
In July 2021, the husband was charged for a breach of the ADVO as a result of the text messages sent by the husband to Mr B in February 2021.
In November 2021, the wife was called to be cross-examined as a witness in the police case. The husband appeared without a lawyer intending to cross-examine the wife and Mr B personally. The husband was advised by the magistrate to return with a lawyer.
In December 2021, the hearing of the husband’s ADVO breach was vacated on the husband’s assertion of being sick. The hearing was adjourned to August 2022.
On 21 May 2022, Mr AJ advises the SMSF investment is now lost. The husband later commences proceedings to recover the funds.
On 22 June 2022, Mr AK, a lawyer the husband has instructed to appear on his behalf in the SMSF proceedings, sends an email to the husband, providing an update on the matter. The email indicates the husband has good prospects of recovering the funds.
On 27 or 28 July 2022, the husband sends an array of vitriolic messages to Mr B.
In August 2022, an Order Varying Apprehended Domestic Violence Order was made for the protection of the wife and Mr B. This ADVO is in force until August 2025.
Chronology of allegations of family violence raised by the wife
Between 1998 and the date of separation, the wife asserts she and the children, particularly Mr B, were subjected to a cycle of abuse by the husband. The husband’s dark mood would begin with something he took exception to or became annoyed about. The husband’s behaviour would build up over a period and usually culminate in a violent act towards the wife or Mr B or both, shouting at the wife or Mr B or both, chasing the wife or threatening her. Once it reached its peak, he would decompress and there would be calm for a period of weeks or months before the cycle started again.
In evidence, the wife asserted the husband’s poor behaviour commenced on the parties’ honeymoon and the husband says he regrets the marriage. The following is but some of her allegations.
On 26 February 1999, the wife makes a diary entry: “… I think if I didn’t work and was not successful and financially independent, it would give [Mr Gadhavi] 100% opportunity to belittle me rather than just the 50% I got today”.
On 29 December 1999, the wife makes a diary entry: “He gets into such dark moods and once he goes down that track that’s it. He almost becomes delusional in the way he thinks about me … it manifests itself in such hatred that it scares me”.
On 26 February 2000, the wife makes a diary entry while she is pregnant with Mr B: “There was so much anger and hatred in his voice that I thought he was going to hit me. I hope he [Mr B] never sees an argument like this after he is born …”. The wife makes a further diary entry: “I hate cooking but I try to cook, I hate having to worry about every crumb that falls but he insists on it”.
In June 2001, the husband shouted at the wife repeatedly at the top of his voice, “You’re fucking mad”. The wife tried to leave the room, but the husband grabbed her arm and tried to stop her. The wife said, “Don’t touch me”, but the husband persisted in holding onto her arm.
In 2004, the husband threw the wife against the kitchen bench in front of her father when she said something that the husband took exception to. The wife suffered bruises to her abdomen.
On 1 March 2004, the wife makes a diary entry recording the verbal abuse perpetrated by the husband after X’s medical procedure.
On 20 March 2004, the wife makes a diary entry that the husband called her “a dirty, stinking, bitch” after she had been caring for the children when they were sick and left half a cup of chicken stock out on the bench.
In 2006, during an argument, the husband locks the wife in an area of the house. The wife frees herself by cutting the flyscreen with a pen and unlocking the latch.
In late 2006, the wife makes an audio recording with her dictaphone of an incident that occurred before the husband’s birthday, capturing the essence of the husband’s tone, level of aggression and choice of language. The recording was played and recorded in Court and a transcript produced.[6] It reveals that in the same month, the husband forced the wife out of the house after an argument and would not let her back in.
[6] Exhibit W3 (September 2006).
On 16 September 2006, the husband pushed the wife down a half-set of stairs leading to the bedroom and said to her, “Don’t ever undermine me or you will see what happens”. The wife sustained an injury to both knees.
On 17 September 2006, the husband grabbed the wife by the neck and pulled her away from the children. The husband pushed the wife into the hallway and then into the garage. The wife called Suburb GG Police Station and police officers attend the Suburb H property.
On 20 October 2006, the wife makes an audio recording with her dictaphone regarding an incident of family violence. This recording was played and recorded in Court and a transcript produced.[7] The recording is consistent with the wife’s evidence of family violence, name calling and abuse.
[7] Exhibit W3 (20 October 2006).
On 28 November 2006, the husband grabbed the wife’s laptop out of her hands and threw it. The wife made a complaint to NSW Police.
On 24 December 2006, the husband crushed the wife’s hand during an argument. The wife obtained a radiology report confirming that the finger was not broken nor dislocated, but was required to wear a splint.
On 19 January 2007, while holding a knife in his hand, the husband said to the wife, “Fuck off, if you annoy me, you’ll see what happens”.
In April 2007, the husband hit the wife in the face with his hand a few hours before she was due to give a presentation at a work event. She attended the event with a swollen lip.
On 7 May 2007, the husband kicked the wife in the leg. The wife attended Dr MM that day and made a disclosure.
In August 2007, while the wife was getting ready in the bathroom before her father’s funeral, the husband entered the bathroom and hit her forcibly in the face with his hand.
In August 2007, the husband became enraged because he thought the wife deleted his recorded television programme. The husband pushed the wife against the wall on the stairs, and her head hit the wall, all while in the presence of Mr B. A report was made to NSW Police. The wife was later diagnosed with a concussion.
In November 2007, the husband stepped on the wife’s foot, kicked her in the shin and hit her under the chin with a mobile phone which he threw at her. The wife attended AL Medical Centre and was referred for an x-ray. The wife disclosed domestic violence issues to the doctor.
During the course of 2008, the following incidents are alleged to have occurred:
(1)During an overseas holiday to City C, in the presence of the children, the husband pushed the wife against a wall, grabbed a fistful of her hair and pulled it so hard that the skin on her scalp detached from the tissue underneath and caused a haematoma which was extremely painful. The skin remained detached and she had a lump there for about five years before it slowly healed.
(2)In the course of an interaction between the wife and Mr B, Mr B said to the wife, “… Daddy said you’re going to get divorced and he hopes you get divorced because you’re a pig”.
(3)On 1 February, the husband verbally abused the wife and said, inter alia, “You’ve left the light on and I’m trying to sleep you fucking bitch”, “fucking dog”, “fucking bitch”, and “If you send me one more email, I’ll take this laptop and smash it over your head”.

On 10 January 2010, the wife makes an audio recording with her dictaphone of an incident the day before, and the wife calls NSW Police for assistance. This recording was played and recorded in Court and a transcript produced.[8] The recording is consistent with the wife’s evidence of family violence, name calling and abuse.
[8] Exhibit W3 (10 January 2010).
In November 2010, the husband stood over the wife in an intimidating matter, shouted and called her hurtful and rude names, leading to NSW Police taking out a provisional ADVO for the protection of the wife.
In April 2011, the wife came home to find Mr B in a distressed state crying with his lower torso bruised. Mr B said to her, “Dad pushed me on the floor and kicked me lots of times in the tummy as I was going up the stairs”.
On 5 November 2015, the husband said to Mr B inter alia, “get the fuck up” and he threw the television remote at Mr B. The husband also deleted a recording made by Mr B of a television programme, which resulted in Mr B getting upset and the husband screaming at him.
In May 2018, the husband threatens and harasses the wife regarding Mr B’s internet use, and says inter alia, “You better fucking tell him to stop blocking the internet or you’ll cop it” and “You fucking encourage him to do this”.
In the same month, the husband spat on Mr B, and Mr B spat back in retaliation and the husband hit Mr B with a blow to the back of the head.
On 7 May 2018, the husband drove Mr B to Suburb H Police Station after a disagreement in the car, while the wife was present. The wife was frightened by the husband’s screaming and abuse. The wife exited the moving car with Mr B and sprained her ankle.
On 23 May 2018, a video recording was created of the husband verbally abusing Mr B about his use of the internet. This recording was played and recorded in Court and a transcript produced.[9] This recording is frightening in that it shows the husband in an uncontrollable rage, spitting and yelling at Mr B, despite Mr B telling the husband to leave his room repeatedly.
[9] Exhibit W3 (23 May 2018).
On 19 July 2018, Mr B informed the wife that he jumped out of the car (being driven by the husband) after an argument where the husband threatened to call the police. Mr B had been recently discharged from hospital and was not well. The husband was aggressive towards the wife on his return home.
On 20 July 2018, the husband and Mr B had an argument whilst the husband was driving the car and again the husband threatened to drive to the police station. The wife, who was in the car, became fearful. This was the date of final separation.
ISSUES
The issues for determination are as follows:
(1)The impact of the husband’s acknowledged superior initial financial contribution in this 20 year marriage with two children;
(2)An assessment of the parties’ contributions during the marriage and post-separation financially, non-financially, and as parent and homemaker;
(3)The impact on the wife’s contributions during the marriage and post-separation from the husband’s alleged violent coercive, threatening and demeaning behaviour towards her and Mr B – the Kennon argument;
(4)The relevant section 75(2) factors as they apply to either party;
(5)The treatment of the wife’s use of $2.185m of joint funds in existence at separation;
(6)The impact of the husband’s unilateral decision to create the SMSF and loss of that money post-separation;
(7)An assessment of the matrimonial pool of assets available for division and their value;
(8)The parties’ percentage-based entitlement to the matrimonial asset pool based on all of the above factors; and
(9)The making of a personal protection injunction in favour of the wife and against the husband pursuant to section 114(1)(a) of the Family Law Act 1975 (Cth) (“the Act”).
THE CONDUCT OF THE HUSBAND
To assist with the later discussion on the wife’s Kennon argument, these Reasons for Judgment has separately attached, in a schedule format, an evidence-based catalogue of the conduct of the husband during the marriage and post-separation, which although only a selection, provides an accurate picture of the husband’s behaviour towards the wife, the children, and other parties outside the marriage. The schedules fall into the following categories:
·Schedule A – Correspondence
·Schedule B – Social media posts
·Schedule C – Text messages
·Schedule D – Audio and video recordings
·Schedule E – Affidavit evidence
·Schedule F – Subpoena material
THE PARTIES’ POSITIONS
The wife seeks a division of property of 60 per cent and 40 per cent to the husband.
The husband seeks a division of property of 65 per cent and 35 per cent to the wife.
Both parties agree that both the Suburb H property and the Suburb R property are to be sold.
The husband sought a splitting order of the wife’s defined benefit superannuation entitlements. The wife resists any such order and seeks each party retain their entitlement to superannuation and agrees the parties’ respective superannuation entitlements be included with all their other assets as one pool for division.
Given the lack of evidence of how to effect a split of the wife’s defined benefit superannuation schemes in what is an ample pool of cash and the age of the parties, I accept the wife’s position which is to include both parties’ superannuation entitlements in the asset pool for division and not make a splitting order. This is the most just and equitable approach in the circumstances.
The wife’s affidavit devotes approximately 53 pages to family violence. While the number of pages does not have bearing upon my decision, it does highlight the voluminous nature of the wife’s allegations of family violence perpetrated upon her and the children by the husband.
It is the wife’s case that from the commencement of their relationship, and from the parties’ honeymoon, the husband treated her poorly, behaved in a violent, aggressive, coercive, demeaning and controlling manner, that he would call her various names, such as “dog”, “scumbag”, “the pig”, telling her to “fuck off”, making various threats and treated her in a most egregious and demeaning fashion.
The wife’s case is that this behaviour by the husband resulted in not only her contribution as parent and homemaker being more arduous because she had to deal with this behaviour from the husband whilst carrying out that role, but that this caused both children to suffer emotionally. In particular, Mr B’s behaviour was difficult to deal with and the husband’s egregious treatment of the wife and Mr B made this an even more arduous contribution as parent and homemaker.
The wife has a senior job in the public sector. I note that the wife, who was a qualified medical professional at marriage, also obtained postgraduate qualifications during the marriage.
The husband left work in 2003 and did not return until 2005. The wife was working during this period, although part-time from June 2006 to March 2013 when she returned to full-time work. It is evident that the parties, with the assistance of nannies, equally shared in the care of the children from 2003 to 2011. From Mr B’s birth in 2000, this had been the wife’s primary role.
I accept that when X was young, this was a difficult time for the parties, given her medical needs required 24-hour care. The wife agreed the husband was very important in helping care for X at birth and particularly after the surgery at nine months of age, which continued for a number of years.
I do not accept that either of the parties took on a far greater role in X’s care or the care of Mr B and X than the other did at this time, nor do I accept the husband’s evidence that he and the nanny carried out the bulk of X’s care, given the wife is a medical professional.
I accept that from 2005, when the husband returned to work, until 2008, the wife was the primary carer for the children as the husband had recommenced working full-time in 2005.
I accept that from 2008, the husband was the parent at home and that he primarily cared for the children from about this time until the children became independent. I accept that this was a mutually beneficial arrangement for the parties for the following reasons.
The Global Financial Crisis (“GFC”) put an end to the husband’s career at that time and the wife needed to return to work to maintain her position and superannuation entitlements. The wife worked part-time from 30 June 2006 to 31 March 2013 when she returned to full-time work after the children became independent. I accept when not at work, the wife devoted herself to the care of the children. The wife agreed the husband paid for all of the outgoings on the Suburb H property and the children’s school fees from his significant portfolio of income-producing assets which, he managed throughout the marriage and post-separation, and the wife was able to save her income.
The husband denies any poor behaviour. If he did behave poorly, he says this did not have a negative impact upon the family or made the wife’s contributions as parent and homemaker, and generally, far harder than it needed to have been. The husband expressed no remorse for any poor or unacceptable behaviour, even when proven, such as his frightening and out-of-control tirade against Mr B for using the internet.[10] The husband asserted that if he had behaved badly, it was because he was goaded to do so and that he had been set up by Mr B, as aided by the wife. Even if I accepted his explanation, it is not any excuse for the bullying behaviour, such as that exhibited in the video filmed by Mr B.[11] It was apparent from his demeanour and answers in cross-examination that the husband has no regret whatsoever for the behaviour he has subjected the wife and the children to during this lengthy marriage.
[10] Exhibit W3 (23 May 2018).
[11] Exhibit W3 (23 May 2018).
Both parents are gifted and intelligent people who have excelled in their careers. The husband was a wealthy man at the commencement of the parties’ marriage and I accept the position he sets out in his affidavit of his initial wealth. The husband deposed that he had assets and superannuation totalling approximately $2,716,236 at the commencement of the marriage. These assets were in the form of cash, properties, shareholdings, and superannuation.
The husband is a talented finance professional who worked until 2008. The parties have acquired many assets worth millions of dollars today. The husband maintained his position that the matrimonial asset pool was “his” or asserted that it was his doing that led to the value of the matrimonial asset pool at the hearing. One such example of the husband pressing that the asset pool was “his” was in cross-examination:
MR CUMMINGS SC: And when you talk about “a $25 million portfolio” you’re talking about the matrimonial asset pool, is that right?
THE HUSBAND: Which is comprised of the …
MR CUMMINGS SC: Yes. We know what – we know what it’s comprised of. But that’s what you’re talking about, correct?
THE HUSBAND: Yes.
MR CUMMINGS SC: And you decided that in taking an overview of the matrimonial asset pool and calling it your portfolio, your “investment portfolio,” that a portion of that you would use for the purposes of diversification into a high-risk high-return investment, correct?
THE HUSBAND: In circumstances where I had successfully built up 25 million.
MR CUMMINGS SC: All by yourself?
THE HUSBAND: Yes. Well …
MR CUMMINGS SC: All right?
THE HUSBAND: To a material extent, Mr Cummings. You’ve seen the initial contribution of 90 per cent.
The husband is correct in regard to the value of the “portfolio”, as he described it, but not that that this is “his” portfolio. These assets have been acquired over the length of the marriage and are the parties’ joint assets and were funded by the wife’s work, the husband’s work and careful planning by them and skilful management of their pre- and post-marriage assets, including at times, inheritances and family gifts.
At cohabitation the parties had the following assets:
(1)For the husband:
(a)In terms of assets:
(i)The HH Street property, with a value of $1,165,000;
(ii)The Suburb QQ property, with a value of $355,000;
(iii)An amount of $83,280 in a AP Managed Fund;
(iv)An amount of $29,848 in a JJ Bank Account;
(v)An amount of $11,366 in a Westpac Cheque Account;
(vi)An amount of $271,654 in a JJ Bank International Account, comprising of cash and equities;
(vii)An amount of 6,626 JJ Bank shares, with a value of $389,788;
(viii)A Motor Vehicle 1, with a value of approximately $87,300; and
(ix)An amount of approximately $323,000 with the Super Fund 3.
(b)The husband had no liabilities at the date of marriage.
(2)For the wife:
(a)In terms of assets:
(i)The Suburb EE property, which the husband attributes a value of $265,000;
(ii)The Suburb GG property, which the husband attributes an estimated net equity of $575,000;
(iii)An interest in the Super Fund 1, which the wife asserts the earliest valuation that could occur was 28 December 2002, with a value of $165,721;
(iv)An interest in the Super Fund 2, which the wife asserts the earliest valuation that could occur was 28 December 2002, with a value of $22,136.06.
(b)In terms of liabilities:
(i)The Suburb EE property mortgage, which the husband asserts had a value of $115,500;
(ii)The Suburb GG property mortgage, which the husband assets had a value of $450,000.
Given the absence of precise financial disclosure from the wife and the inability for her superannuation entitlements to be valued at the commencement of cohabitation, I would accept the husband’s estimation that the wife’s net assets at cohabitation were approximately $375,000, and the husband’s assets were $2,716,236.
Therefore, the net assets at the date of cohabitation were approximately $3,091,236.
At separation, the wife asserts the parties had approximately $15,300,000 in net assets (excluding the wife’s superannuation). The husband does not depose what the net assets were at separation. This is of no consequence in the matter.
Currently, from the joint balance sheet, the parties have net assets approaching $25 million including the CommSec shares.[12] I accept the husband did make a superior initial financial contribution to the initial acquisition of assets, given his wealth at cohabitation was more some six times the wife’s. Further, the husband sold the HH Street property for approximately $1.275 million, which was used with some funds from the wife, to fund the purchase of the former matrimonial home unencumbered.
[12] Exhibit C1.
The first issue is how to deal with the husband’s initial superior financial contribution after a 20-year marriage. This issue can only be dealt with after I assess the totality of the parties’ contribution-based entitlement over the entirety of the marriage and post-separation as follows.
Contributions during the marriage and post-separation
There appears to be no issue that the parties made an equal contribution during the marriage financially,[13] although the husband was at pains to demonstrate that he earnt twice that of the wife, citing a table from his affidavit that purported to demonstrate the husband’s earnings were some $7 million to the wife’s $3 million.[14] However, this is an error given he has not included the wife’s income for the financial years of 1998 to 2008 inclusive in his table and the wife was earning an income at times during that period. Upon a closer examination of the evidence of the parties, the husband and wife earnt a similar amount over that period, with the husband earning only approximately $350,000 over that earnt by the wife.
[13] Family Law Act 1975 (Cth) s 79(4)(a).
[14] Schedule E, Part 1.
Although there is a significant dispute as to who was the primary parent and homemaker, it is apparent on the evidence at times this contribution was shared and at times either one or the other parent carried out this role alone and/or with the assistance of a nanny. On the evidence, I see little difference in this contribution between the parties during the marriage.[15]
[15] Family Law Act 1975 (Cth) s 79(4)(c).
The wife’s assertion that all of her contributions during the marriage as a wife, parent and homemaker, and earning an income have been made significantly more arduous by the husband’s treatment and reactions to Mr B’s clearly challenging behaviour and his violent and thuggish treatment of her, formed a significant part of the evidence.
The husband asserts Mr B’s challenging behaviour, which was agreed by both parties, but significantly amplified by the husband, made his contribution as a parent and homemaker more challenging as he was the children’s primary carer from 2008. However, the parties both cared for the children sometimes solely and at others times jointly and had done so since birth. Thus, if Mr B’s behaviour was an issue for the husband, so too it was an issue for the wife and there is no merit in this argument.
Both parents dealt with Mr B’s challenging behaviour in different ways. The husband confronted him, the wife was more accommodating. The wife’s evidence is that she frequently collected Mr B from school and took him out to dinner to keep him away from the husband and minimise conflict in the home for X. On many occasions, Mr B would ring the wife, saying he and the husband had an argument and the wife would collect him from home, take him to work where he would do his homework and return home with him later.
The wife took six months off work from June 2018 to care for the children, particularly Mr B, due to the conflict at home between the husband and Mr B, and to enable Mr B to do his best in the HSC by protecting him from the husband.
The wife’s contribution is equal to the husband’s in terms of caring for this difficult boy. It may be that had the husband taken a different approach, Mr B’s behaviour would not have been as difficult, however, I have no evidence in this regard.
Mr B was diagnosed by Mr AR, a psychologist, as entitled, narcissistic, defiant, and violent. This assessment may well be correct and I found the husband, in giving evidence, to be defiant, narcissistic, entitled and wanting to control the narrative in the courtroom, the questions he was being asked, the manner in which he was being asked a question and, rather than providing an answer, he told a story.
It was extremely difficult for the husband to focus on the consequences of his behaviour and treatment of the wife upon the children, and his treatment of the children upon them directly without continually referring back to the consequences for him. The husband used the word “me” on multiple occasions.
Thus, there is a significant dispute between the parties on this issue and the wife asserts that she is entitled to an additional contribution-based entitlement to the husband to take into account the significantly more arduous nature of her parenting role and all contributions generally due to the husband’s dysfunctional, unacceptable, demeaning, and poor treatment of her and Mr B.
The next issue is the percentage entitlement of each to their assets and whether, as the wife asserts, she is in charge of selling the Suburb H property, and the husband in charge of selling the Suburb R property, or, as the husband wished, that he sell both properties, as was explored in cross-examination:
MR CUMMINGS SC: You also may have noticed that she proposes a regime of sale of the two properties whereby she effectively has the carriage of the sale of [Suburb H], and you effectively have the carriage of the property at – the sale of property at [Suburb R]. Do you oppose that?
THE HUSBAND: Yes, I do.
MR CUMMINGS SC: Can I suggest to you that the reason why she has proposed that is because the two of you don’t get on?
THE HUSBAND: The reason I oppose it is that I think I have the greater facility for managing financial transactions than she does.
…
MR CUMMINGS SC: Subject to the question of the identification of an appropriate real estate agent, you would have no difficulty with the order, otherwise?
THE HUSBAND: Well, I’ve got difficulty with the – with my exclusion from this property.
MR CUMMINGS SC: Right. You see, what I want to suggest to you is that it could be a recipe for disaster, couldn’t it, requiring the two of you to have to confer, make decisions about marketing, about recommendations from agents. It could be a recipe for disaster if the two of you have to cooperate to any … extent at all?
THE HUSBAND: Well, Mr Cummings, there’s nobody with a greater vested interest in maximising the price than me and, if you object to the measured – if you had the choice of myself or your client managing that process, then any objective viewer would take the view that I was much more competent in the – in achieving the best outcome.
MR CUMMING SC: Any objective viewer might also come to the view, having looked at the evidence in this case, that your way of doing business is that, if someone doesn’t agree with you, you abuse them and put them offside. That’s another view to which an observer could come, isn’t it?
THE HUSBAND: Well, my – forget the words. My way of conducting business has generated a $25 million asset portfolio, so if you think that is not a very good outcome, then, you know, I defer to you.

3.[Ms BU] asked us for a short stay of the proceedings, with the freezing order remaining in place, so that she and [Mr AJ] could consider options for settlement and [Mr AJ] could seek funds from a third-part payer (to minimise the risk of a clawback in the even [Mr AJ] becomes a bankrupt and or [BX Company] is wound up). My reading of the signals (which you should not rely on) is that [Mr AJ] is working hard to access funds to settlement with you.
4.We have written to [Ms BU] proposing orders which would dispense with the hearing on Friday, 24 June – see attached email.
5.A forensic analysis of [Mr AJ’s BV Bank] accounts and the [BW Brokers] statements has been conducted by a financial expert. In very broad terms, as I understand it, this analysis shows that the [Gadhavi SMSF] may have recourse against the [BX Company] (which was c. $1.2m – to be verified) on the basis that initial tracing appears to show that funds the [Gadhavi SMSF] invested with [Mr AJ] went into [BX Company].
6.Further, there might be claims against [Mr BZ] (a director of [BX Company]) and possibly [Mr CA] (the account instructed by [Mr AJ] who prepared a summary of the results and the position of the [Gadhavi SMSF] based on the [BW Brokers] investment).
7.We need to investigate these avenues further, but to the extent that a claim can be identified against these individuals (and [Mr CA’s] corporate entity, [CB Pty Ltd]), the prospects of [Gadhavi SMSF] recovering its loss (or part thereof) increases by some margin.
8.We will consider today the prospect of issuing a subpoena to [Mr BZ] and [Mr CA] (and [CB Company]) aimed at identifying documents which show some form of knowledge of [Mr AJ’s] wrongdoing or complicity.

(As per the original)

SCHEDULE B – SOCIAL MEDIA POSTS
Part 1A – Post published by the husband dated October 2019
A post with four pictures, one including a police officer:
not content with getting [Mr B] to smash my face on his birthday, she [the wife] lied to cops who believed the lie, accused me of assault, trashed my parents photos and academic certificates and lied to the [Local Court] magistrate who quickly exposed her as a liar and me as the VICTIM not the PERPETRATOR
(As per the original)

Part 1B – Post published by the husband dated October 2019
A post with four photos, including two photos of the wife and one photo of lingerie:
This fool [an emoji with its eyes rolling] was trapped in a sham marriage for 20 years - separate rooms - thank god I avoided the body odour – she kept the secret crotchless undies for “business trips” - and sent backpackers to collect the secret exotic lingerie
(As per the original)

Part 1C – Post published by the husband dated October 2019
A post to an account associated with the wife’s employer:
Empathy 101 - don’t cancel [victim of scam marriage] husband’s health insurance on the day of his operation - sorry you missed the empathy class [Ms Gadhavi]
(As per the original)

Part 1D – Post published by the husband dated October 2019
A post with a photo indicating the wife has blocked the husband viewing her social media account:
which lies are you trying to hide [Ms Gadhavi]?? [...]??
(As per the original)

Part 1E – Post published by the husband dated October 2019
A post containing two text messages from the wife:
[Ms Gadhavi], did you tell them about your malicious murder allegation, lies to police and court and cancelling my health insurance on the day of my operation, fiddling your travel expenses, falsifying medical certificates, [fraud], etc etc
(As per the original)

Linking to this post:
and the $2.185m you withdrew from my bank account while NSW Police arrested me [...] based on your lies which were subsequently exposed in Court as well as your coercion of [Mr B] to corroborate your lies - please show your colleagues the Magistrate’s judgement
(As per the original)

Part 1F – Post published by the husband dated October 2019
A post with a picture of the husband and wife:
this fool [emoji of a face with a pleading emotion] fed strawberries [three emojis of a strawberry] to a pig [emoji of a pig’s face] for 20 years
(As per the original)

Part 1G – Post published by the husband dated October 2019
A post containing four photos, similar to that in Part 1A:
so after i fed strawberries to the pig for 20 years, she got [Mr B] to throw a bottle at me, lied to cops, put me in jail [...] and took $2.185m out of my account. and then trashed my parent’s photos, academic certificates and [sports] memorabilia
(As per the original)

Part 1H – Post published by the husband dated October 2019
A post to an account associated with the wife’s employer:
yes [Ms Gadhavi] you chose to have your daughter’s [body] butchered rather than breastfeeding her like every other mum - no wonder
[account associated with wife’s employer]
wanted to report you to DOCS (and I saved you from that) and your son asked “why do you never cuddle me mum?” Very empathetic …
(As per the original)

Part 1I – Post published by the husband dated October 2019
A post with a picture of what appears to be a television program:
found out about [Mr B’s hsc] [accidentally] and the pig fraudulently declined invitations to me from [BH School] without my knowledge or consent
(As per the original)

Part 1J – Post published by the husband dated October 2019
A post with four pictures of Mr B:
nice tickets [Mr B] - did [Ms Gadhavi] get them for you haha
(As per the original)

Part 1K – Post published by the husband dated October 2019
A post with a family picture with professional athlete:
so how did you get to meet [...] - ahhh i see - he wanted to meet [Ms Gadhavi] haha
(As per the original)

Part 1L – Post published by the husband dated October 2019
A post with a picture of the wife with the professional athlete ...:
how did you meet [...], [Ms Gadhavi] mum?
(As per the original)

Part 1M – Post published by the husband dated October 2019
A post with a picture of Mr B with professional athletes:
how did you meet [...] and [...], [Mr B]??
(As per the original)

Part 1N – Post published by the husband dated October 2019
A post with a picture of Mr B with professional athletes:
how did you meet [...] and [...] [Mr B]??
(As per the original)

Part 1O – Post published by the husband dated October 2019
A post with a picture of Mr B with professional athlete:
how did you meet [...] [Mr B]??
(As per the original)

Part 1P – Post published by the husband dated October 2019
A post directed at Mr B:
Five years ago, I managed to get [incredibly rare tickets to a sports event]. Oops not quite [Mr B] - don’t be a compulsive liar like [the wife]
(As per the original)

SCHEDULE C – TEXT MESSAGES
Part 1 – Text message from the husband to X dated January 2019
You need to sort out my consent with her [the wife] because she called the cops
…
How about she send a written apology to everyone for messing them around …
(As per the original)

Part 2 – Text messages between the husband and X prior to January 2019
X says to the husband:
… i just really want to go on my trip so badly because it’s my shot at getting into [G University] - and especially now if i don’t go, it will look really bad to drop out less than a week before because they want to see commitment at an early stage, especially international students - they only take about 5 australians each year and the majority are [sporty], so i really need to be top in academics and extracurriculars to get in and this is such a big and prestigious opportunity for me - and if i don’t go, i won’t get into any [top tier universities] - which has been my dream ever since i was little … this will ruin my future, and i’ll be so devastated. if you have any particular questions about the trip i can answer them and i hope you’ll let me go because this is breaking my heart and this is my lifelong dream. please let me know now that i can go because it’s only two days away. there’s nothing to worry about the trip and im not going to be unaccompanied, i will be with mum and i’ll be so so happy if i can go. … please daddy - this is so important to me because this is really my dream.
(As per the original)

The husband’s response:
[X].
I am not well. I have also given mum copied you’re a list of issues which I am dealing with which need my time and her cooperation which I am not getting.
Please respond to the points on my email and I will look at it as soon as I can.
(As per the original)

X’s reply:
mum has sent you all the information you requested - please say yes to my trip asap - it’s really important to me and my future and it’s tomorrow so there are lots of things to do thanks dad
(As per the original)

The husband’s response:
1. I asked you to respond to the points in my email
2. You went to the UK without my consent and constantly lied about your plans and whereabouts. I appreciate that you may have been acting under instruction but why wouldn’t that be different for the proposed US trip too.
3. I am not clear how you can travel if you are suffering such emotional distress as to require the intervention of DOCS.
4. You instructed me on Christmas Day not to contact you.
4. Your mother has not responded to most of the points in my email and lied about her instructions to the builders not to deal with me (unless they are all lying). She accused me of breaking the locks and disconnecting the alarm when in fact she changed the locks, [Mr B] took the keys, turned the alarm on and refused to give me the code.
It would be a good start to act in good faith and tell the truth for a change.
I await your response to each of the points in my email and this sms.
(As per the original)

Part 3 – Messages between the husband and Mr B dated 27 or 28 July 2022
The husband sends a message to Mr B:
Hi [Mr B] - I haven’t heard from you. In fact the only discussion we’ve had was when you gave me an ultimatum to make 3 (false) written admissions before your phone ran out of battery (at home!). This of course was (coincidentally) around the time affidavits were being prepared. Unfortunately I saw through your blackmail attempt (despite my fictitious academic qualifications). So, having lied to cops [...] and subsequently in court, you now have a crack at blackmail. I am pleased that you are doing so well at [CF University] and [CG Company] and have managed to maintain a double life, but the better option might be to lead a single life without the lies and deception. And before your legal team adds 2+2 and makes 5 (!), I have no intention of calling either [CF University] or [CG Company] - I just think it’s a shame that you’ve chosen this path when there is a much better alternative - but I’m not a good role model because my academic qualifications are fake and my parents are related. And where did the $15m that you live in come from – my fake professional career! God help you …
(As per the original)

The husband followed this message up:
$15m house - apologies for the typo - my academic and professional qualifications are fake - I hope your brilliant academic qualifications and professional life will provide better for your children than a $15m house in [Suburb H] and the best schools in the country - perhaps the penny will drop at some point …
(As per the original)

Mr B’s response:
You haven’t heard from me because I don’t want contact with you. I’ve told you not to contact me many times. Do not contact me.
(As per the original)

The husband’s reply:
That’s fine [Mr B] - lie to cops, lie to court, blackmail me - that stands you in good stead for an illustrious [professional career] and a decent human being - the share transfers I just received are all rounded against me - it’s a world of lies and deceit - God help you - just for your information, [CG Company] [omitted] is not big on deceit, lies, fraud and misrepresentation - might not be your scene then once the truth comes out …
(As per the original)

Mr B’s response:
Do not contact me and do not threaten me.
(As per the original)

The husband’s reply:
Read what I wrote back - it’s not a threat. I’m sorry your blackmail attempt didn’t work just like the lies to the cops and the court - some people never learn. Enjoy living in the fake $15m house bought with my fake earnings from my fake career and my fake academic qualifications - let’s see how your “genuine” career goes - I hope [CG Company] don’t find out about your shenanigans
(As per the original)

Mr B’s response:
Do not contact me.
(As per the original)

The husband’s reply:
No problem [Mr B] - enjoy [Suburb CJ] while you can while you build your house of cards - you might be able to buy one of the toilets in [E Street] with your [minimum] wage …
(As per the original)

Mr B’s response:
Do not contact me.
(As per the original)

The husband’s reply:
[Mr OO] was right - your sense of entitlement is astounding - just wait until you go into the real world - obviously it hasn’t dawned on you that you are sitting in my house sending ignorant messages from computers and phones that I paid for - unfortunately you, Dr Jekyll, didn’t learn much from the fees I paid [BH School]!! God help you - I tried my best …
(As per the original)

SCHEDULE D – AUDIO AND VIDEO RECORDINGS
Part 1 – Audio recording dated 20 October 2006 (Exhibit W3)
… I found [Mr B] just in his room. [Mr Gadhavi] was just shouting at him red, sticking in his face. I came up. [Mr B] was calling him a bully and talking back to him and he was just shouting at the top of his voice very close to his face and intimidating him. Then I tried to calm things down and [Mr Gadhavi] started kicking on me and I then went into [X’s] room and he started shouting at me and screaming at me, and [X] was holding a little pillow and she – with [X] standing in front of me, and almost as a protection move to protect mummy. She put the pillow into [Mr Gadhavi’s] stomach to sort of push his stomach because it’s a very soft, small pillow, and he took the pillow and smashed it over her head on two occasions, which very much upset her. And then [Mr B] started jumping up and down on the bed and carrying on saying “Mummy and daddy are fighting,” and [Mr Gadhavi] grabbed him by the ankle, by the wrist and pulled him off the bed by one wrist and threw him onto the floor and he started screaming, and his wrist was completely red. I asked [Mr Gadhavi] to leave. I said, “Get out. You can’t be violent towards the kids,” and he started blaming me saying I made the kids do that to him. …

Part 2A – Audio recording dated 10 January 2010 (Exhibit W3)
THE HUSBAND (to the wife): Look, you’ve been violent to me. I’m going to take you to the police.
THE HUSBAND (to [Mr B]): Look, your mummy’s been violent to me.
THE HUSBAND (to the wife): I’m going to go to the police about this. I’ve got proof that you’re violent.

Part 2B – Audio recording dated 10 January 2010 (Exhibit W3)
The wife recalls the conversation as follows:
THE HUSBAND: Did you close the garage door deliberately?
THE WIFE: No, I didn’t. I wasn’t anywhere near the garage door.
THE HUSBAND: You’re a liar. You closed it to just inflame the situation.
THE WIFE: Look, I wasn’t anywhere near the garage door. I literally – [Mr B] just told me. [Mr B], did you close it?
[MR B] (crying): I get blamed for everything.

The wife says in the audio recording:
And all I was trying to do is work out – I’ve had nothing to do with the garage door.

Part 3 – Video recording dated 14 December 2018 (Exhibit W3)
There you go, boys. There you go, boys. Have a look at this stuff.

SCHEDULE E – AFFIDAVIT EVIDENCE
Part 1 – The husband’s affidavit filed 27 May 2022
35.Below is a table showing [Ms Gadhavi] and my respective taxable incomes from 30 June 1998 to 30 June 2021.

FY ending 30 June Wife’s taxable income Husband’s taxable income

1998 Not disclosed $263,944

1999 Not disclosed $341,128

2000 Not disclosed $973,125

2001 Not disclosed $100,589

2002 Not disclosed $382,311

2003 Not disclosed $460,470

2004 Not disclosed $286,103

2005 Not disclosed $162,720

2006 Not disclosed $203,368

2007 Not disclosed $310,557

2008 Not disclosed $223,943

2009 $147,082 $428,063

2010 $140,724 $162,812

2011 $192,269 $330,011

2012 $156,834 $246,627

2013 $218,276 $269,959

2014 $316,261 $270,080

2015 $313,013 $229,749

2016 $306,751 $230,900

2017 $285,165 $284,243

2018 $284,305 $300,308

2019 $184,345 $352,560

2020 $310,121 $251,960

2021 $306,010 $144,919

Total $3,161,156 $7,210,449

(As per the original)

Part 2 – The wife’s affidavit filed 20 April 2022
33.It is impossible for me to catalogue each and every act of violence, abuse or incident of coercive control perpetrated by [Mr Gadhavi] over 20 years.
(As per the original)

Part 3 – The wife’s affidavit filed 20 April 2022
40.The triggers to [Mr Gadhavi’s] conduct … when the children or I did not conform to his … preferences. For example:
40.1. television remotes needed to be lined up in a certain order;
40.2.only certain lights could be on when he was watching TV in the family room;

40.3. rugs needed to be in a certain place in the living room;
40.4.if the children were a front seat passenger in the car with [Mr Gadhavi], their hands and feet could not go past the right hand side of the driver’s seat - if a hand or elbow moved anywhere out of this area [Mr Gadhavi] yelled at them;
40.5.the dishwasher needed to be stacked a certain way. If it was not I had to empty the dishwasher and re-do it or otherwise he shouted at me and called me a name, and then he would re-do it;
40.6.clothes needed to be placed on the clothesline with pegs in a certain way. If they were not he would either shout at me and re-do it or watch me whilst he would make me re-do it;
40.7.the garage door remotes needed to be specific for each car and could not be removed or swapped around;
40.8.the bathroom door needed to remain open and if the bathroom door was closed, he would become furious.

(As per the original)

Part 4 – The wife’s affidavit filed 20 April 2022
44. …
44.1.Harassment. [Mr Gadhavi] followed me around the house and berated me, shouted at me and swore at me for no ascertainable reason or a disproportionate reason such as:
44.1.1. the way I had stacked the dishes in the sink;
44.1.2. the way I had hung the laundry;
44.1.3. the way I had or had not greeted him when I got home;
44.1.4. not wringing the kitchen dish cloth out;
44.1.5.leaving particles of food on the table or bench after cooking or eating. I wrote in my diary on 26 February 2000, “I hate cooking but I try to cook, I hate having to worry about every crumb that falls but he insists on it”;

44.1.6. not parking the cars in the garage to his liking;
44.1.7. accidently crumpling a rug when walking on it;
44.1.8.the way I had made the kids lunches. Sometimes [Mr Gadhavi] physically pushed me out of the way and said, “You are stupid, you can’t even make their lunch. I will do it”;

44.1.9. closing the bathroom door.

(As per the original)

Part 5 – The wife’s affidavit filed 20 April 2022
44. …
44.2. Verbal abuse, denigration and insults. [Mr Gadhavi] said to me:
44.2.1. ‘you are a filthy fucking bitch’.
44.2.2. ‘fuck off’.
44.2.3. ‘you are dirty dog’.
44.2.4. ‘you are scum’.
44.2.5. ‘you are a moron and useless’.
44.2.6. ‘I don’t want to be around you, you fucking dog’.
44.2.7. ‘you dirty fucking slimy animal’.
44.2.8. ‘go and fuck yourself’.
44.2.9. ‘you never do anything’.
44.2.10. ‘smart arse cretin’.
44.2.11. ‘you are lying scum’ or ‘you are ignorant scum’.
44.2.12. ‘you are fucking neurotic’.
44.2.13. ‘grandstanding scum’.
44.2.14. ‘arrogant bitch’.
44.2.15. ‘you have your head up your arse’.
44.2.16. ‘you have disgusting body odour’.
44.2.17. ‘you are a hypochondriac’.
44.2.18. ‘you are a filthy pig’ or ‘you are a pig’.
44.2.19. ‘you are a disgusting human being’.
44.2.20. ‘you are a mediocre public servant’.

44.2.21. ‘you are dumb’.
44.2.22. ‘you are stupid’.
44.2.23. ‘you are missing a brain’.
44.2.24. ‘you are a total disgrace’.
44.2.25. ‘you are an imbecile’ or ‘moron’.
44.2.26. ‘don’t you dare talk to me you bitch’.

(As per the original)

Part 6 – The wife’s affidavit filed 20 April 2022
44.      …
44.3.    …
44.3.1.[O]n 1 March 2004 (events I wrote about in my diary) after I had arranged for [X] to have [treatment] and I was caring for her, [Mr Gadhavi] incessantly abused me and said:
(a)       “You are not a good mother.”
(b)       “You don’t do anything for her” [X].
(c)       “All you do is sit on ceremony.”
(d)“All you do is go around in circles and never achieve anything.”
(e)“All you do is sit on the phone and annoy the shit out of everyone.”

(f) “You have ruined the kids’ lives.”

(As per the original)

Part 7 – The wife’s affidavit filed 20 April 2022
44. …
44.7. Coercive control including:
44.7.1. Threats. Over time [Mr Gadhavi] said:
to me:
(a)“I know very powerful people in law and if you try to leave me, I will make sure that you never saw your children again.”
(b)“If you leave I will get lawyers involved and you will get nothing and never see your kids again.”
(c)“If you try to leave me I will harm the kids.”
(d)“You better watch out.”
(e)“You’ll see what happens.”
(f)“I will call your work and tell [Mr CK] about what you’re really like if you [don’t do [this], or if you do [that]].”
(g)“Your parents will never be in this house again.”
(h)“Fuck off if you annoy me you’ll see what happens” (I documented this particular threat in a file on January 19, 2007).
to [Mr B] in my presence:
(i)“I will call your school” and “I will call your teachers and tell them what you are like at home.” [Mr Gadhavi] did do this subsequently.
(j)“I will call your friends about what you did.” This was usually something minor which [Mr Gadhavi] had exaggerated.
(k)“I will call [...]” ([a contact] who occasionally gave [Mr Gadhavi] tickets for [events]).
(l)“I will pull you out of [BH School] and send you to boarding school in Melbourne.”
(m)“I will call the police.”
(n)“I will have you locked up and you won’t even last a few minutes in jail.”

(As per the original)

Part 8 – The wife’s affidavit filed 20 April 2022
44. …
44.7. …
44.7.3. …
(f)… Later that day, [Mr B] went down to watch an episode and found they had all been deleted. I have an imprinted vision of [Mr B] screaming, sobbing and crying on the floor. He appeared emotionally broken. [Mr Gadhavi] came down to the rumpus room. Instead of showing remorse, [Mr Gadhavi] started screaming at [Mr B]. He said, “Get the fuck up” and he threw the TV remote at [Mr B] aggressively. I tried to calm [Mr B] down. He was inconsolable. I recall [Mr B] sobbing through his tears repeating, “Why mum, why mum.”

(As per the original)

Part 9 – The wife’s affidavit filed 20 April 2022
59.…
59.16.I put an exhausting amount of energy into trying to protect [Mr B] from [Mr Gadhavi]. I tried to stop things from escalating by placating [Mr Gadhavi]. I said to [Mr Gadhavi] more than once, “[Mr B] is a good boy. You just need to give [Mr B] space and time to grow up a bit.” In response [Mr Gadhavi] blamed me. He said, “You are the one encouraging him. This is your fault.” On at least two occasions I suggested to [Mr Gadhavi] that either [Mr Gadhavi] or [Mr B] and I should move out as I was so concerned that [Mr B] would not be able to even complete his HSC. … I also suggested to [Mr Gadhavi] that he should read more about parenting boys, and I bought some books from Dymocks for him to read.

(As per the original)

Part 10 – The wife’s affidavit filed 20 April 2022
117.In desperation, on 12 January 2019, [X] rang [Mr Gadhavi] on our drive from [Suburb R] to Sydney. The phone was on speaker. I heard [Mr Gadhavi] say words to the effect, “I am concerned about your mental health and you are lying about the trip. I want to meet with you to discuss my consent. It would only be for 15 minutes and we can go to [Venue TT] if you like.”
118. [X] said to me words to the effect, “I’m scared. I don’t want to see him but I am so desperate to go, this might be the only way. I only want to see him in a public place and I want someone else to come with me.” My friend [Ms XX] accompanied [X] to the [E] Street [Suburb H] property, where [Mr Gadhavi] ultimately insisted she meet with him. After 1 hour I called [X] and [Ms XX]. Neither answered. I tried calling [Mr Gadhavi], and [Ms XX] and [X] over the period of the next 30 minutes. I became increasingly concerned about [X’s] safety when there was no answer. I sought the assistance of a common friend, [Ms YY], to contact [Mr Gadhavi] to confirm [X] was safe. I was informed by [Ms YY] and believe that both she and her husband tried to contact [Mr Gadhavi] and they were told he was on his way to [an event] and busy. I contacted the NSW Police Force, seeking their attendance at the former matrimonial home to conduct a safety check on [X]. I was concerned for her safety and [Ms XX’s] safety. …
119. Upon collecting [X] after meeting with [Mr Gadhavi] I observed she was visibly shaken. [X] said, “He didn’t ask me anything about the trip. He just ranted for almost two hours about you and he wouldn’t let me leave, it was scary. But I did convince him to let me go to the States.” [X] later said to me, “Dad is so angry you called the police, he said that he withdraws his consent.” [Ms XX] called me. She said, “Now [Mr Gadhavi] won’t consent to the trip unless you call the police and apologies for ‘wasting their time’, and apologise to him.” At 3:41pm [Mr Gadhavi] texted [X] “… and you told the cops I was blackmailing you!!! You must have her disease - blackmail?????” and: “you need to sort out my consent issue with her because she called the cops.”
120.To appease [Mr Gadhavi] and ensure [X’s] unobstructed passage to the United States, I texted [Mr Gadhavi] apologising profusely for the “misunderstanding” as this is what he told [Ms XX] I must do in order for [X] to get his approval to go to the USA. … [X] also tried to appease him by thanking him for his consent by text despite being extremely upset and shaken by what had occurred and her interaction with him. I do this in order to calm things down with him so that he did not cause more problems.

(As per the original)

Part 11 – The husband’s affidavit filed 27 May 2022
76.[Mr B's] behavior escalated badly at home, and this made my parenting contributions even more onerous. On several occasions, Police intervention became necessary including:
76.1.On 4 June 2011, [Mr B], then aged 10 years, pulled out a knife at home following an argument with [Ms Gadhavi], which required the involvement of the NSW Police. The Police agreed not to charge [Mr B], after I persuaded them to allow us to take him to [U Hospital] for a mental health assessment instead. …
76.2.In the period from 2011 to 2015, while there was little or no substantive Police involvement, [Mr B's] behaviour, his sense of entitlement, bullying of his sister and me, ridiculous demands, conspiracy theories and control of the house, continued to escalate. …

(As per the original)

Part 12 – The husband’s affidavit filed 27 May 2022
181.… I admit that there were arguments with [Mr B]. [Mr B] at times was deliberately provocative and argumentative with me, and defiant by refusing to do what I had asked him to do. In the course of these arguments he would pull out his mobile phone and record and film selected parts of our exchanges. They do not accurately reflect our daily interactions, nor show what had happened immediately prior to the commencement of the recording. [Ms Gadhavi] and [Mr B] also regularly had arguments and recorded each other on their phones. They also set up arguments with me where one of them would create an argument while the other was waiting to film the argument and then selectively edit the video to show me in the worst possible light. I found the idea of filming family members very odd and dysfunctional.

(As per the original)

Part 13 – The wife’s affidavit filed 20 April 2022
48.While [Mr Gadhavi] could be aggressive, intimidating and controlling, he could also be charming to me and the children. Incidents of physical and verbal abuse were intertwined with periods of fairly content family life. It was common for [Mr Gadhavi] to say to me the day after or in the days following one of his tirades, “Let’s just draw a line in the sand” although this was said without remorse, no insight that whatever had occurred was abuse, and in a way I now interpret as the “love bombing” in the cycle of abuse. [Mr Gadhavi] bought me flowers, arranged a thoughtful dinner or showered me with compliments such as, “I am so lucky to have you”. [Mr Gadhavi] changed again very quickly if I rebuked his apology or did not give my immediate forgiveness.

(As per the original)

Part 14 – The husband’s affidavit filed 27 May 2022
96.I regret my conduct over this time, including the emails and [social media] messages, which I wrote to [Ms Gadhavi] just prior to and after separation as well as correspondence with her lawyers. Our marriage had broken down in very difficult circumstances for me.

(As per the original)

Part 15 – The husband’s affidavit filed 27 May 2022
196.… I represented myself during the proceedings as I did not want to spend money on legal fees. The content of my emails to [Ms Gadhavi’s] lawyers are regretful and intemperate, and reflect the enormous stress I was under at the time.

(As per the original)

Part 16 – The husband’s affidavit filed 22 January 2019 (Exhibit W10)
78. … I admit that [Ms Gadhavi’s] father funded the purchase of the [Suburb R] property.
(As per the original)

Part 17 – The husband’s affidavit filed 27 May 2022
31.On 27 June 2007, [Ms Gadhavi] and I purchased, in our joint names, the [Suburb R] property for $610,000. I negotiated the purchase price with [CM Company], and arranged the conveyancing. I believe I paid the stamp duty and conveyancing costs. I do not recall how we funded the balance of the purchase price. I believe that we may have funded it from our family pool of assets, and it may or may not have been repaid when [Ms Gadhavi] received her inheritance. As set out above, by this time, [Ms Gadhavi] held funds of at least $700,000, which I had advanced to her in the form of CBA bank bills of $544,000, [KK Company] securities of $100,000 and CBA shares of $85,000.

(As per the original)

SCHEDULE F – SUBPOENA MATERIAL
Part 1 – NSW Police COPS Entry dated December 2018
Police contacted the [husband] of this job and whilst speaking with him, he was belligerent towards Police and somewhat argumentative even after Police explained that they were trying to obtain further information as he was the [person] who reported the matter. … The [husband] continued to be belligerent towards police and argumentative stating that Police had allowed entry to his ex partner [the wife]. …
… whilst speaking with [Mr Gadhavi] [the husband], the mobile phone that was used had disconnected and Police sighted SMS messages between [Mr Gadhavi] and (redacted) with the conversation stating words to the effect of “Tell those Moron Cops that [Ms Gadhavi] took the keys and broke into the home.” and [“]those Moron cops don’t know what they are doing”. …
…
When Police explained to [Mr Gadhavi], that they did not appreciate the way he spoke to and about Police, he became more argumentative and stated that Police did not conduct their investigation appropriately.
…
Police believe that [Mr Gadhavi] was using Police in an attempt to retaliate towards his ex partner [the wife] over property/separation issues.
(As per the original)

Part 2 – NSW Police COPS Entry dated February 2021 (Exhibit W9)
There is currently an enforceable Apprehended Domestic Violence Order between the PINOP [the wife] and the Defendant [the husband]. The ADVO was granted at [Suburb SS] Local Court [in August] 2020 for a period of one year. The conditions listed in the ADVO are as follows: 1. You must not do any of the following to [Ms Gadhavi] or anyone she has a domestic relationship with: A) assault or threaten her B) stalk harass or intimidate her, and C) intentionally or recklessly destroy or damage any property that belongs to or is in the possession of [Ms Gadhavi]. 2. You must not approach [Ms Gadhavi] or contact her in any way, unless the contact is through a lawyer. At 9:44am on Monday 10th February 2021, the Defendant sent a “WhatsApp” message to their son, [Mr B] saying “tell your mother to pay her bills and stop sending them to me - she’s got the $2m she stole from me and didn’t pay a cent for 20 years - … would be proud of her haha (followed by 3 x smiley faces emojis). And she wants me to pay $100k pa for [X] amd $50k pa for your education - and I find out your results [by accident] after paying every cent for 20 years and taking 10 years off work - she should be on the fucking stage - or the zoo (followed by 3 x smiley faces emojis)”. The Defendant has sent a total of 43 messages to his son, some including derogatory allusions to the PINOP when he stated “when you look out of the window in … you might struggle to find too many average public servants with body odour and hairy armpits amongst the leaders in [...] business]”. The PINOP believes the messages to be angry in nature and directed at her. She fears for her safety as well as her son’s safety. It is clear from the above messages that the Defendant has breached Condition 1 of the Apprehended Violence Order when he made contact with his son who currently has a domestic relationship with the PINOP.
(As per the original)

File number:	SYC 7722 of 2018
Judgment of:	HENDERSON J
Date of judgment:	19 December 2022
Catchwords:	FAMILY LAW – PROPERTY SETTLEMENT – Where the wife seeks 60 per cent and the husband seeks 65 percent of the matrimonial asset pool – Where the asset pool is approaching $25 million – Contributions – Finding the husband made a superior initial financial contribution – Where there is a contest relating to the parent and homemaker contributions of both parties – Where there are two children of the marriage – Where both children were over 18 years old at the hearing – Where the eldest child had significant behavioural issues as a child and the youngest child had significant health issues at a young age – Family violence – Where the wife alleges significant and systemic family violence perpetrated by the husband – Where the husband denies the allegations – Finding that the husband perpetrated significant and systemic violence against the wife including coercion and control and denigration which conduct the eldest child of the marriage was subject to at times and both children witnessed – Consideration of Kennon & Kennon (1997) 22 Fam LR 1 principles – Where the wife submits that the family violence perpetrated by the husband made all of her contributions more arduous – Finding that the husband’s conduct and behaviour caused all of the contributions made by the wife during the marriage and post-separation including income earning and homemaker more arduous resulting in division of property of 60 per cent to the wife and 40 per cent to the husband on past contributions –Future needs – Where the husband has not been in paid employment since 2008 and the wife is employed full-time earning a substantial income – Where the husband’s income has been derived from a substantial share portfolio – Where the parties agree for the share portfolio to be equally divided – Where the wife is in a superior financial position to the husband – Finding that an adjustment to the husband of 5 per cent is appropriate – Where the husband seeks he be in charge of the sale of the two matrimonial properties – Orders made for the wife to have carriage of the sale of the former matrimonial home where she and the eldest child live – Orders made for the husband to have carriage of the sale of the other matrimonial property where he lives. FAMILY LAW – INJUNCTIONS – Where the wife seeks a personal protection injunction against the husband – Where an ADVO against the husband for the protection of the wife expires in approximately 2 years – Injunction granted.
Legislation:	Evidence Act 1995 (Cth) ss 50, 164(1). Family Law Act 1975 (Cth) ss 4AB(1), (2), (3), (4), 75(2)(a), (2)(b), (2)(g), (2)(o), 79(4)(a), (4)(b), (4)(c), (4)(d), (4)(e), 81, 114(1)(a).
Cases cited:	Amador & Amador (2009) 43 Fam LR 268; [2009] FamCAFC 196. Britt & Britt (2017) 56 Fam LR 526; [2017] FamCAFC 27. Benson & Drury (2020) 62 Fam LR 1; [2020] FamCAFC 303. Gadhavi & Gadhavi [2019] FamCA 326. Jarrett & Jarrett [2009] FMCAfam 55. Keating & Keating (2019) 59 Fam LR 158; [2019] FamCAFC 46. Kennon & Kennon (1997) 22 Fam LR 1; [1997] FamCA 27. Kowaliw and Kowaliw (1981) FLC 91-092 .
Division:	Division 1 First Instance
Number of paragraphs:	435
Date of last submissions:	23 August 2022
Date of hearing:	27–30 June 2022, 1 July 2022, 23 August 2022
Place:	Sydney
Counsel for the Applicant:	Mr Cummings SC
Solicitor for the Applicant:	Broun Abrahams Burreket
Counsel for the Respondent:	Mr Hodgson
Solicitor for the Respondent:	Pearson Emerson Family Lawyers

SYC 7722 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS GADHAVI Applicant
AND:	MR GADHAVI Respondent

order made by:	HENDERSON J
DATE OF ORDER:	19 December 2022

THE HEARING	[5]
DOCUMENTS AND EXHIBITS	[8]
CHRONOLOGY	[11]
Chronology of allegations of family violence raised by the wife	[151]
ISSUES	[184]
THE CONDUCT OF THE HUSBAND	[185]
THE PARTIES’ POSITIONS	[186]
Contributions during the marriage and post-separation	[211]
Allegations of family violence perpetrated by the husband towards the wife and children	[223]
Financial issues	[274]
Findings in relation to financial matters	[337]
*THE KENNON* ARGUMENT**	[359]
THE LAW	[392]
Assessing the matrimonial asset pool	[405]
OTHER MATTERS	[433]
SCHEDULE A – CORRESPONDENCE	p.75
SCHEDULE B – SOCIAL MEDIA POSTS	p.85
SCHEDULE C – TEXT MESSAGES	p.88
SCHEDULE D – AUDIO AND VIDEO RECORDINGS	p.91
SCHEDULE E – AFFIDAVIT EVIDENCE	p.92
SCHEDULE F – SUBPOENA MATERIAL	p.99

FY ending 30 June	Wife’s taxable income	Husband’s taxable income
1998	Not disclosed	$263,944
1999	Not disclosed	$341,128
2000	Not disclosed	$973,125
2001	Not disclosed	$100,589
2002	Not disclosed	$382,311
2003	Not disclosed	$460,470
2004	Not disclosed	$286,103
2005	Not disclosed	$162,720
2006	Not disclosed	$203,368
2007	Not disclosed	$310,557
2008	Not disclosed	$223,943
2009	$147,082	$428,063
2010	$140,724	$162,812
2011	$192,269	$330,011
2012	$156,834	$246,627
2013	$218,276	$269,959
2014	$316,261	$270,080
2015	$313,013	$229,749
2016	$306,751	$230,900
2017	$285,165	$284,243
2018	$284,305	$300,308
2019	$184,345	$352,560
2020	$310,121	$251,960
2021	$306,010	$144,919
Total	$3,161,156	$7,210,449