H & T

[2002] FMCAfam 209

FEDERAL MAGISTRATES COURT OF AUSTRALIA

H & T [2002] FMCAfam 209

FAMILY LAW – Property settlement – settlement in relation to short marriage – significant section 75(2) factors – where asset pool is small.

Applicant: B J H

Respondent: E T

File No: (P)MLM 8987 of 2001

Delivered on: 9 July 2002

Delivered at: Warrnambool

Hearing Date: 8 July 2002

Judgment of: Bryant CFM

REPRESENTATION

Counsel for the Applicant: Husband appeared in person

Counsel for the Respondent: Mr Noel Kennedy

Solicitors for the Respondent: Melville, Orton & Lewis
66 Thompson Street
HAMILTON VIC 3300

ORDERS

1. THAT the Wife forthwith do all things necessary to transfer to the Husband all her right title and interest in the 1994 Toyota Landcruiser motor vehicle registration number … … presently in the possession of the Husband.

2. THAT the Husband forthwith do all acts and things necessary to sell the property situate and known as 13 S H, G in the State of Western Australia being the whole of the land in Certificate of Title Volume … , Folio … (“the real property”) and to apply the proceeds of sale as follows:

   (a)in payment of all costs and expenses of sale;

   (b)in payment of outstanding rates and charges;

   (c)in payment of the amount necessary to discharge the mortgage secured on the property;

   (d)in payment to the Husband of the sum of $24,880.00 in re-imbursement of various agreed liabilities paid by him;

   (e)in payment to the Wife of 45% of the sum calculated as follows:

   by the sale price less;

   (i)costs and expenses of sale:

   (ii)outstanding rates;

   (iii)the amount required to discharge the mortgage, but fixed at a maximum of $96,500.00; and

   (iv)$24,880.00; and

   (f)to pay any balance then remaining to the Husband.

3. THAT pending the sale the Husband have the sole right to occupy the real property, and during such right of occupation the Husband pay all installments pursuant to the mortgage and all rates, taxes and apportionable outgoings for the real property as they fall due.

4. THAT the Husband indemnify the Wife against all liability in respect to the debts to the Husband's parents, his brother, the ANZ Visa and the ANZ personal loan.

5. THAT the Husband deliver up to the Wife (at her expense) the following:

   (a)the breadmaker;

   (b)two single bed bases;

   (c)two double beds, including matress and base;

   (d)the Wife's personal possessions;

   (e)washing machine;

   (f)refrigerator;

   (g)drawers in the nursery;

   (h)drawers in the bedroom;

   (i)a cot;

   (j)table and chairs; and

   (k)Promaths CD.

6. THAT each party retain and be entitled to all assets in their possession as at the date of these orders including any choses-in-action, and in particular;

   (a)each party be entitled to any insurance policies of which they are the owner;

   (b)each party be entitled to any superannuation of which they are the owner; and

   (c)each party be liable for and indemnify the other in relation to any liabilities attaching to any asset in their possession.

IT IS FURTHER ORDERED

1. THAT the Husband pay the Wife’s costs fixed at $1,500.00, such sum…