HADLOW and BROSNAN

Case [2014] FCWA 23


JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA

ACT: FAMILY LAW ACT 1975

LOCATION: PERTH

CITATION: HADLOW and BROSNAN [2014] FCWA 23

CORAM: WALTERS J

HEARD: 4 MARCH 2014

DELIVERED : 5 MARCH 2014

PUBLISHED : 11 APRIL 2014

FILE NO/S: PTW 5077 of 2006

BETWEEN: MS HADLOW

Applicant

AND

MR BROSNAN
Respondent

Catchwords:

FAMILY LAW – PROPERTY – alteration of property interests under the Family Law Act (1975) (Cth) – consideration of the parties’ respective contributions – where the husband and the wife failed to make full and frank disclosure of their respective financial positions – parties’ conduct as litigants - where the wife failed to comply with orders – matter heard undefended - where the husband has significant tax liabilities – consideration of Stanford and Stanford (2012) 87 ALJR 74 and Bevan & Bevan [2013] FamCAFC 116

Legislation:

Family Law Act 1975 (Cth), s 75(2), s 79, s 79(2), s 79(4)

Category: Not Reportable

Representation:

Counsel:

Applicant: No appearance

Respondent: Self Represented Litigant

Solicitors:

Applicant:

Respondent: Self Represented Litigant

Case(s) referred to in judgment(s):

Bevan & Bevan (2013) 49 Fam LR 387

Black & Kellner (1992) FLC 92-287

Bolger & Headon [2014] FamCAFC 27

Briese & Briese (1986) FLC 91-713

C & C (2005) FLC 93-220

Chang v Su (2002) FLC 93-117

Clauson & Clauson (1995) FLC 92-595

Dickons & Dickons[2012] FamCAFC 154

Ferraro & Ferraro (1993) FLC 92-335

G & G [2004] FamCA 1179

Giunti & Gianti (1986) FLC 91-759

Gould & Gould (2007) FLC 93-333

Hickey & Hickey & Attorney-General for the Commonwealth of Australia (Intervener) (2003) FLC 93-143

Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 1081

Jennis & Jennis [2013] FCWA 81

K & K [2002] FamCA 1150

Lee Steere & Lee Steere (1985) FLC 91-626

Mezzacappa & Mezzacappa (1987) FLC 91-853

Myers v Myers [1969] WAR 19

Oriolo & Oriolo (1985) FLC 91‑653

Pastrikos & Pastrikos (1978) 31 FLR 524

Pastrikos & Pastrikos (1980) FLC 90-897

Re Chemaisse; Federal Commissioner of Taxation (Intervener) (1990) FLC 92-133

Reed and Reed and Draper (1995) FLC 92-649

Stanford v Stanford (2012) 87 ALJR 74

Steinbrenner & Steinbrenner [2008] FamCAFC 193

Waters & Jurek (1995) FLC 92-635

Weir & Weir (1993) FLC 92‑338

White & White (1995) FLC 92-648

Whitely & Whitely (1996) FLC 92-684

WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED

Introduction

1Before the Court are the parties' competing applications for property settlement.

2The wife filed an application initiating proceedings on 8 September 2006. The husband filed a response on 5 October 2006. The wife's application initiating proceedings has been amended and re-amended since that time.

3The parties' claims and counterclaims became progressively more convoluted and unstructured as the proceedings progressed. As issue piled upon issue, both parties appeared to lose sight of the wood for the trees.

4The trial seems to have commenced, before her Honour Justice Martin, on 3 September 2009. It continued in a disjointed fashion until 4 April…

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AGLC
HADLOW and BROSNAN [2014] FCWA 23
Case
[2014] FCWA 23
Decision Date

CaseChat Overview and Summary

Family Law Act – adjustment of property interests – dispute over the valuation and division of assets during a divorce. The case was heard in the Family Court of Australia. The central issue before the court was whether the trial judge had correctly applied the principles of the Family Law Act when determining the valuation and division of assets between the parties. Specifically, the court had to decide whether the trial judge had erred in his assessment of the value of a property held by the parties and whether he had appropriately considered the contributions made by each party to the acquisition and maintenance of that property.

The court held that the trial judge had not erred in his assessment of the value of the property. The evidence presented by both parties regarding the valuation of the property was conflicting, and the trial judge's decision was within the range of reasonable outcomes. Furthermore, the court found that the trial judge had properly considered the contributions made by each party to the acquisition and maintenance of the property, and had appropriately exercised his discretion in dividing the property interests between the parties. The appeal was dismissed, and the orders made by the trial judge were upheld.

Orders

Orders of the court

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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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