Grand and Grand

[2019] FamCA 914

FAMILY COURT OF AUSTRALIA

GRAND & GRAND [2019] FamCA 914

FAMILY LAW – PROPERTY – Interim distribution – where the wife seeks interim property settlement of $60,000 – Where the husband opposes – Whether to make orders – Principles in relation to interim property – Order.

Family Law Act 1975 (Cth) ss 79, 79(2), 80, 80(1)(h)

Felice & Felice [2011] FamCA 162
Gabel & Yardley (2008) FLC 93-386
Medlow & Medlow (2016) FLC 92-692
Stanford v Stanford (2012) 247 CLR 108
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466

APPLICANT: Mr Grand

RESPONDENT: Ms Grand

FILE NUMBER: ADC 3694 of 2017

DATE DELIVERED: 2 December 2019

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 23 October 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr McGinn

SOLICITOR FOR THE APPLICANT: Degaris Lawyers

COUNSEL FOR THE RESPONDENT: Mr Dillon

SOLICITOR FOR THE RESPONDENT: ASW Lawyers Pty Ltd

Orders

1. That the Response of the wife filed 11 October 2019 is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Grand & Grand has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

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 order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 3694 of 2017

Mr Grand

Applicant

And

Ms Grand

Respondent

REASONS FOR JUDGMENT

Introduction

1. By Amended Initiating Application filed 1 November 2019 Ms Grand (“the wife”) seeks orders for settlement of property. In summary, she seeks that contemporaneously with the payment to her of a settlement sum being $2,338,546 together with a lump sum spousal maintenance of $23,400, she will transfer her interest to Mr Grand (“the husband”) in the Grand Group of Companies comprising the following entities:-

   (i)G Pty Ltd;

   (ii)G Pty Ltd Trust;

   (iii)E Pty Ltd;

   (iv)D Pty Ltd;

   (v)C Pty Ltd;

   (vi)C Pty Ltd Trust;

   (vii)K Pty Ltd;

   (viii)H Pty Ltd;

   (ix)J Pty Ltd;

   (x)J Pty Ltd Trust;

   (xi)F Pty Ltd; and

   (xii)F Pty Ltd Trust.

2. The settlement sum as sought is based upon an equal division of the value of the property of the parties.

3. By Amended Response filed 8 November 2019 the husband proposes a settlement sum of $1,100,000 to the wife to be paid over a 24 month period.

4. The matter was originally listed for hearing on 18 November 2018. However, as a consequence of the application by the parties’ son Mr B to be joined as a party to the proceedings, the trial was vacated and has been relisted for hearing on 24 February 2020.

5. By Application in a Case filed 10 October 2019 the husband sought that [7] of the…