Gannon & Negus

[2024] FedCFamC2F 911

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Gannon & Negus [2024] FedCFamC2F 911

File number(s):

BRC 15316 of 2022

Judgment of:

JUDGE TAGLIERI

Date of judgment:

15 July 2024

Catchwords:

FAMILY LAW – contravention – alleged contravention by failure to transfer title to investment property as required by final consent orders – transferee entitled to property not willing to complete transfer unless rental income from date of final orders to date of transfer paid to her – dispute as to obligations created by terms of final orders – contravention not established – application dismissed  

Legislation:

Family Law Act 1975 (Cth) ss 79, 106A, 112AB

Cases cited:

Grace & Grace [1997] FamCA 59; (1998) FLC 92-792

Hunter & Morrison [2014] FamCA 198

Sand & Sand [2012] FamCAFC 179

Division:

Division 2 Family Law

Number of paragraphs:

31

Date of hearing:

28 June 2024

Place:

Hobart (by MS Teams)

Counsel for the Applicant:

Ms Eviston

Solicitors for the Applicant:

APIX Law Group

Solicitor for the Respondent:

Mr Trafford, Ryan Murdoch O’Regan Lawyers

ORDERS

BRC 15316 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS GANNON

Applicant

AND:

MR NEGUS

Respondent

ORDER MADE BY:	JUDGE TAGLIERI
DATE OF ORDER:	15 JULY 2024

THE COURT ORDERS THAT:

1.The Contravention Application filed by the Applicant on 19 February 2024 is 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 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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE TAGLIERI

1. By Contravention Application filed 19 February 2024, the applicant wife alleges that the respondent husband contravened Order 3(vi) of Final Orders made by consent on 9 August 2023 (“the Final Orders”), adjusting the parties’ property interests pursuant to s 79 of the Family Law Act 1975 (Cth) (“the Act”).

2. The Final Orders were to give effect to a 62 per cent and 38 per cent adjustment of the parties net property pool in favour of the applicant.  Amongst other things, in order to achieve the adjustment Order 3(vi) provided that:

   3. As part of the accounting referred to in Order 1 the Respondent Wife is to retain, and the Applicant Husband is to relinquish any right title and interest in and to the following:

   …

   vi. The unit located at [Suburb D], more accurately…