FEDERAL MAGISTRATES COURT OF AUSTRALIA
| GOULD & CHRISTIE | [2011] FMCAfam 1230 |
| FAMILY LAW – Property – date of separation – contributions – asset-by-asset or global approach – section 75(2) factors. |
| Family Law Act 1975, ss.75(2), 79 Evidence Act 1995, s.140 |
| Hurst & Weber [2009] FamCAFC 137 Townsend and Townsend (1995) FLC ¶92-569 Todd and Todd (No.2) (1976) FLC ¶90-008 |
| Applicant: | MR GOULD |
| Respondent: | MS CHRISTIE |
| File number: | MLC 11509 of 2009 |
| Judgment of: | McGuire FM |
| Hearing dates: | 22 & 23 December 2010, 17 & 18 March 2011, 8, 23 & 24 June 2011 and 15 August 2011 |
| Date of last submission: | 15 August 2011 |
| Delivered at: | Melbourne |
| Delivered on: | 18 November 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr G. Thompson |
| Solicitors for the Applicant: | Hayes & Associates |
| Counsel for the Respondent: | Mr D. Staindl |
| Solicitors for the Respondent: | Clancy & Triado |
ORDERS
That within 60 days of the date of these orders the husband pay to the wife a lump sum of $144,257.
That contemporaneously with the payment referred to in paragraph (1) hereof, the husband shall:
(a)Transfer and/or vest all his right, title and interest in the following to the wife absolutely:
(i)the 2003 [omitted] motor vehicle in the possession of the wife;
(ii)the wife’s [omitted] boat;
(iii)the wife’s superannuation policy and entitlement;
(iv)all personalty and chattels in the possession of or under the control of the wife as at the date of these orders;
(v)the balances of any bank accounts or like investments in the name of or to the benefit of the wife as at the date of these orders.
(b)Be solely responsible for and indemnify the wife in respect of the following:
(i)any and all liabilities attaching to any of the assets retained by the husband pursuant to these orders;
(ii)any and all liabilities incurred by the husband since separation in either joint names or in his name alone.
That contemporaneously with the payment referred to in paragraph (1) hereof the wife shall:
(a)Transfer and/or vest all her right, title and interest in the following to the husband absolutely:
(i)the property situate at Property F in the State of Victoria;
(ii)the assets of the husband’s [business];
(iii)the husband’s [omitted] motor vehicle;
(iv)the husband’s berth at [M];
(v)all personalty and chattels in the possession of or under the control of the husband as at the date of these orders;
(vi)the balances of any bank accounts or like investments in the name of or to the benefit of the husband as at the date of these orders.
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- AGLC
- GOULD & CHRISTIE [2011] FMCAfam 1230
- Case
- [2011] FMCAfam 1230
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented regarding the contributions of each party, both financial and non-financial, to the relationship. It considered the future needs and earning capacities of both parties, along with the principles of equality and just and equitable outcomes as prescribed by the Act. The court also looked at the assets and liabilities of each party, including property, superannuation, and personal belongings, to ensure a fair and reasonable division.
After careful consideration of the evidence and legal principles, the court ordered the husband to pay a lump sum of $144,257 to the wife and transfer various assets to her. The court also outlined specific liabilities each party would be responsible for post-separation. This decision was made to achieve a just and equitable outcome, considering the unique circumstances of the case and the statutory framework governing family law in Australia.
The court's final orders included the payment of a lump sum, the transfer of specific assets, and the assumption of liabilities by each party. These orders were intended to conclusively determine the financial relationships between the parties under the Family Law Act 1975, ensuring both parties' needs and contributions were fairly considered.
Orders
Orders of the court
1.
That within 60 days of the date of these orders the husband pay to the wife a lump sum of $144,257.
2.
That contemporaneously with the payment referred to in paragraph (1) hereof, the husband shall:
(a) Transfer and/or vest all his right, title and interest in the following to the wife absolutely:
(i) the 2003 [omitted] motor vehicle in the possession of the wife;
(ii) the wife’s [omitted] boat;
(iii) the wife’s superannuation policy and entitlement;
(iv) all personalty and chattels in the possession of or under the control of the wife as at the date of these orders;
(v) the balances of any bank accounts or like investments in the name of or to the benefit of the wife as at the date of these orders.
(b) Be solely responsible for and indemnify the wife in respect of the following:
(i) any and all liabilities attaching to any of the assets retained by the husband pursuant to these orders;
(ii) any and all liabilities incurred by the husband since separation in either joint names or in his name alone.
3.
That contemporaneously with the payment referred to in paragraph (1) hereof the wife shall:
(a) Transfer and/or vest all her right, title and interest in the following to the husband absolutely:
(i) the property situate at Property F in the State of Victoria;
(ii) the assets of the husband’s [business];
(iii) the husband’s [omitted] motor vehicle;
(iv) the husband’s berth at [M];
(v) all personalty and chattels in the possession of or under the control of the husband as at the date of these orders;
(vi) the balances of any bank accounts or like investments in the name of or to the benefit of the husband as at the date of these orders.
(b) Be solely responsible for and indemnify the husband in respect of the following liabilities:
(i) any and all liabilities attaching to any of the assets retained by the wife pursuant to these orders;
(ii) any and all liabilities incurred by the wife since separation in either joint names or in her name alone.
THE COURT DECLARES
(A) That these orders are intended to finally determine the financial relationships between the parties with respect to Part VIII of the Family Law Act 1975.
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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