FEDERAL CIRCUIT COURT OF AUSTRALIA
| HADFIELD & WALBERTS & ANOR | [2019] FCCA 3635 |
| Catchwords: FAMILY LAW – Application for de-facto property settlement – dispute about duration of de-facto relationship – substantially greater contribution by de-facto husband – division of non-superannuation assets 90/10 in favour of the de-facto husband. |
| Legislation: Family Law Act 1975 (Cth), ss.4AA, 90SM |
| Cases cited: Dahl & Hamblin [2011] FamCAFC 202 |
| Applicant: | MS HADFIELD |
| First Respondent: | MR WALBERTS |
| Second Respondent: | MS WALBERTS |
| File Number: | DGC 24 of 2019 |
| Judgment of: | Judge Burchardt |
| Hearing dates: | 13 & 14 November 2019 |
| Date of Last Submission: | 14 November 2019 |
| Delivered at: | Dandenong |
| Delivered on: | 19 December 2019 |
REPRESENTATION
| Counsel for the Applicant: | Mr Wilson |
| Solicitors for the Applicant: | Phaedonos Law |
| Counsel for the Respondents: | Mr Thexton |
| Solicitors for the Respondents: | Thexton Lawyers |
ORDERS
The Respondent pay the Applicant $150,480 within 60 days.
In default of compliance, the Applicant have liberty to apply.
IT IS NOTED that publication of this judgment under the pseudonym Hadfield & Walberts & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT DANDENONG |
DGC 24 of 2019
| MS HADFIELD |
Applicant
And
| MR WALBERTS |
First Respondent
| MS WALBERTS |
Second Respondent
REASONS FOR JUDGMENT
Introduction
This is a property dispute arising out of an alleged de facto relationship. Parenting issues were live until the day of trial when the applicant effectively abandoned the parenting component of her case. So far as property is concerned, she says she was in a de facto relationship with the respondent from … 2011 until final separation in December 2017. She remained living in the former alleged de facto home until February 2018 and asserts that she was still intimate with the respondent until she finally moved out. She seeks an adjustment of the parties' property 60/40 in her favour.
The respondent says that he did not cohabit with the applicant from 2011 onwards but admits that she moved in with him in … 2015. He says the relationship was over by October 2017. He seeks that the application be dismissed in its entirety.
For the reasons that follow, I think that the parties were in a de facto relationship for a longer period of time than the respondent asserts and
a shorter period of time than the applicant asserts. I think that the relationship was, on any view of the matter, a short one and the respondent made the overwhelming contribution to the ultimate financial outcome for the parties. I am going to be ordering that there be a division 90 per cent in favour of the respondent and 10 per cent to the wife.
The Applicable Test
The jurisdiction of this court to make orders in de facto cases was comprehensively dealt with in the Full Court decision of Fenton & Marvel [2013] FamCAFC 132. That was a case predominantly concerned with whether the de facto relationship finished…
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- AGLC
- Hadfield and Walberts and Anor [2019] FCCA 3635
- Case
- [2019] FCCA 3635
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the trial judge erred in determining the commencement date of the de facto relationship, and consequently, the length of the relationship, and whether the resulting division of assets, which favoured the respondent with 90% of the non-superannuation assets, was just and equitable.
The Court analysed the evidence presented regarding the commencement of the de facto relationship, considering factors such as cohabitation, the nature of the relationship, and the parties' intentions. It applied established principles of family law concerning the assessment of contributions and the determination of a just and equitable division of property in de facto relationships, taking into account both financial and non-financial contributions. The Court found that the trial judge's determination of the relationship's duration was not demonstrably wrong, and that the asset division reflected the significant disparity in financial contributions.
The appeal was dismissed, and the orders of the trial court were affirmed. The respondent was ordered to pay the applicant $150,480 within 60 days, with liberty to apply in default of compliance.
Orders
Orders of the court
1.
The Respondent pay the Applicant $150,480 within 60 days.
2.
In default of compliance, the Applicant have liberty to apply.
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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