GALANIS & MACRIS (No.2) - [2015] FCCA 2729

FEDERAL CIRCUIT COURT OF AUSTRALIA

GALANIS & MACRIS (No.2)

[2015] FCCA 2729

Catchwords:
FAMILY LAW – Property – application for property settlement – whether just and equitable – assessment of the asset pool – contributions by the parties – consideration of factors under Family Law Act 1975 (Cth) s.75(2) – whether any adjustment should be made – where cash adjustment from husband to wife less than the amount sought.

Legislation:

Family Law Act 1975 (Cth), ss.75, 78, 79, 106A

Cases cited:
Black & Kellner (1992) 15 Fam LR 343; FLC 92-287
Galanis & Macris [2015] FCCA 2567
Hickey & Hickey [2003] FamCA 395; (2003) 30 Fam LR 35; FLC 93-143
Morrison & Morrison (1994) 18 Fam LR 519; (1995) FLC 92-573
Stanford v Stanford [2012] HCA 52; (2012) 47 Fam LR 481; FLC 93-518

Applicant:

MS GALANIS

Respondent:

MR MACRIS

File Number:

WOC 576 of 2010

Judgment of:

Judge Scarlett

Hearing dates:

6-7 November 2012, 8 February & 19 July 2013, 29 August 2014

Date of Last Submission:

4 September 2014

Delivered at:

Sydney

Delivered on:

30 June 2015

REPRESENTATION

Counsel for the Applicant:

Mr Wong

Solicitors for the Applicant:

Hansons Lawyers

Counsel for the Respondent:

Ms Gillies

Solicitors for the Respondent:

Rita Thakur & Associates

ORDERS

Within three (3) months from the date of this Order the Respondent Husband is to pay the Applicant Wife the sum of $400,000.00.
The Wife is declared to be the sole owner of the property at Property S in the State of New South Wales.
The Husband is declared to be the sole owner of the properties at Property A1 & A2 in the State of New South Wales.
The Wife and the Husband are declared to be the sole owners of any motor vehicles registered in their names or in their respective possession.
The Husband and Wife are each to retain to the exclusion of the other all of their right, title and interest in:
(a)all furniture, furnishings, watches, jewellery and other personal property in their respective possession or control;
(b)all shares, debentures, units in unit trusts, cash at bank, building society or credit union accounts standing in their sole names respectively; and
(c)all interests in life assurance policies and superannuation funds standing in their sole names respectively.
In the event that either party fails, refuses or neglects to execute any deed, document or instrument necessary to give effect to these Orders within fourteen (14) days of being called upon to do so, the Registrar of the Court is appointed in accordance with the provisions of s.106A of the Family Law Act 1975 to execute such deed, document or instrument in the name of the party who so fails, refuses or neglects to do so and to do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification by way of affidavit of such failure, refusal or neglect.

IT IS NOTED that publication of this judgment under…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading GALANIS & MACRIS (No.2)

Details

AGLC: Galanis and Macris (No.2) [2015] FCCA 2729
Case: [2015] FCCA 2729
Decision Date: 30 June 2015

CaseChat Overview and Summary

In the matter of GALANIS & MACRIS (No.2), Judge Scarlett of the Federal Circuit and Family Court of Australia made orders concerning the property settlement between the Applicant Wife and the Respondent Husband. The dispute involved the division of various assets, including real estate, motor vehicles, personal property, financial investments, and superannuation interests.

The court was required to determine the appropriate distribution of the parties' property interests. This involved assessing the value of the assets and liabilities and making orders for their division, including the transfer of ownership of specific properties and the payment of a lump sum. The court also considered the need to ensure that the orders could be effectively implemented, including provisions for the execution of necessary documents.

Judge Scarlett ordered the Respondent Husband to pay the Applicant Wife $400,000 within three months. The court declared the Wife to be the sole owner of Property S, and the Husband to be the sole owner of Properties A1 and A2. Ownership of motor vehicles was to be determined by their registration or possession. Each party was to retain exclusive ownership of personal property, shares, cash, life assurance policies, and superannuation funds registered or held in their sole names. To facilitate the execution of these orders, the Registrar of the Court was appointed to execute any necessary documents on behalf of a party who failed or refused to do so within fourteen days of being requested.

Orders

Orders of the court

Within three (3) months from the date of this Order the Respondent Husband is to pay the Applicant Wife the sum of $400,000.00.

The Wife is declared to be the sole owner of the property at Property S in the State of New South Wales.

The Husband is declared to be the sole owner of the properties at Property A1 & A2 in the State of New South Wales.

The Wife and the Husband are declared to be the sole owners of any motor vehicles registered in their names or in their respective possession.

The Husband and Wife are each to retain to the exclusion of the other all of their right, title and interest in:

(a) all furniture, furnishings, watches, jewellery and other personal property in their respective possession or control;

(b) all shares, debentures, units in unit trusts, cash at bank, building society or credit union accounts standing in their sole names respectively; and

In the event that either party fails, refuses or neglects to execute any deed, document or instrument necessary to give effect to these Orders within fourteen (14) days of being called upon to do so, the Registrar of the Court is appointed in accordance with the provisions of s.106A of the Family Law Act 1975 to execute such deed, document or instrument in the name of the party who so fails, refuses or neglects to do so and to do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification by way of affidavit of such failure, refusal or neglect.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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