GLEASON & GLEASON

[2019] FCCA 451

FEDERAL CIRCUIT COURT OF AUSTRALIA

GLEASON & GLEASON [2019] FCCA 451

Catchwords:
FAMILY LAW – Property – alteration of property interests – assessment of contribution and future needs – just and equitable order.

Legislation:

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

Cases cited:

Bevan & Bevan [2013] FamCAFC 116
NHC v RCH (2004) FLC 93-204
Hickey & Hickey & Attorney General for the Commonwealth of Australia [2003] FamCA395
Kennon & Kennon [1997] FamCA 27
Norbis v Norbis (1986) HCA 17
Pierce v Pierce (1999) FLC 92-844
Stanford & Stanford [2012] HCA 52
Williams & Williams [2007] FamCA 313

Applicant: MS GLEASON

Respondent: MR GLEASON

File Number: WOC 1216 of 2017

Judgment of: Judge Altobelli

Hearing date: 8 February 2019

Date of Last Submission: 8 February 2019

Delivered at: Wollongong

Delivered on: 21 February 2019

REPRESENTATION

Counsel for the Applicant: Mr Schroder

Solicitors for the Applicant: Johnson Horsley Lawyers

Counsel for the Respondent: Ms Gillies

Solicitors for the Respondent: Hansons Lawyers

ORDERS

1. Within 21 days, the parties are to submit an agreed Minute of Order reflecting the Judgment delivered orally today.

2. In the event that an agreed Minute cannot be submitted, then:

   (a)within 28 days the Wife is to submit a proposed Minute of Order; and

   (b)within 35 days the Husband is to submit a proposed Minute of Order.

3. The matter be adjourned to a date and time to be fixed.

IT IS NOTED that publication of this judgment under the pseudonym Gleason & Gleason is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT WOLLONGONG

WOC 1216 of 2017

MS GLEASON

Applicant

And

MR GLEASON

Respondent

ORAL REASONS FOR JUDGMENT

Introduction

1. By way of introduction, these Reasons for Judgment are partly oral and partly ex tempore, and explain the basis for the order altering the property interests of the Husband and the Wife in this matter. In the somewhat unusual circumstances of this case, these Reasons for Judgment are delivered in the fashion they are and the parties will be directed to submit an agreed Minute of order, or failing that, individual proposed orders within a short time of delivery of these Reasons.

2. The initial preparation of these Reasons was expedited because it was felt at the time the Hearing that there was an urgent need for a quick decision in the circumstances where the evidence suggested that the parties had received a conditional offer to purchase the Property A property, at a figure that appeared substantially greater than that postulated by their Single Joint Expert.

Background

1. By way of background, the Husband is 61 years old. He is a self-employed tradesman and lives in Suburb B. The Wife is 55 years old. She describes herself as a customer service officer and she lives in Town C. The parties commenced cohabitation in 1993, married in 1995 and separated in 2016. They have two children aged 21 and 9, the latter of whom is in her Mother’s care. The Father pays child support.