Gairola & Lakmali

[2021] FamCA 174

FAMILY COURT OF AUSTRALIA

Gairola & Lakmali [2021] FamCA 174

File number(s):

DGC 774 of 2017

Judgment of:

HARTNETT J

Date of judgment:

14 April 2021

Catchwords:

FAMILY LAW – PROPERTY SETTLEMENT – Applications by Applicant and Respondent for apportionment of property interests – cohabitation period of approximately fifteen years – two children of the marriage – add-backs – where the Applicant sought division of the net asset pool – assessment of contributions – just and equitable distribution.

Legislation:

Evidence Act 1995 (Cth) s. 140;

Family Law Act 1975 (Cth) ss 75(2), 79, 90SM

Cases cited:

Bell & Nahos [2016] FamCAFC 244;

Bevan & Bevan [2013] FamCAFC 116;

Mallet v Mallet (1984) 156 CLR 605;

R v Watson; Ex parte Armstrong [1976] HCA 39;

Stanford v Stanford [2012] HCA 52;

Whisprun Pty Ltd v Dixon [2003] HCA 48;

Wirth v Wirth [1956] HCA 71.

Number of paragraphs:

67

Date of last submission/s:

1 March 2021

Date of hearing:

26 & 27 November 2020; and
21 December 2020

Place:

Melbourne

Solicitor for the Applicant:

Starnet Legal Pty Ltd (by video link)

Respondent:

In person (by video link)

ORDERS

DGC 774 of 2017

BETWEEN:

MR GAIROLA

Applicant

AND:

MS LAKMALI

Respondent

ORDER MADE BY:	HARTNETT J
DATE OF ORDER:	14 APRIL 2021

THE COURT ORDERS THAT:

1.The funds held on behalf of the parties in the Starnet Legal Trust Account be forthwith paid out as follows:

(a)the sum of $154,702.18 to the Applicant husband (‘the husband’); and

(b)the sum of $330,005.80 to the Respondent wife (‘the wife’).

Any additional interest sum that may have accrued since the trial and not required to meet the payments provided for shall be apportioned and paid out to each of the parties in a percentage adjustment of 37% to the Applicant husband and 63% to the Respondent wife.

2.The monies held in the joint account of the parties being NAB account no. …03 together with any interest that may have accrued in respect of such monies shall become the property of the wife and within 14 days hereof, the husband do all acts and things necessary to give effect to this order including the release of such funds to the wife.

3.Each party forego any claim they may have to any superannuation benefits belonging to or earned by the other.

4.Each of the Applicant and the Respondent is otherwise hereby declared to be solely entitled to all items of property which are presently in his and/or her respective possession and control and each party shall indemnify the other with respect to any and all liabilities that may attach to such property.

5.Otherwise all extant applications are dismissed.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the…