FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Halsell & Halsell [2024] FedCFamC2F 1288
File number(s): PAC 2348 of 2023 Judgment of: JUDGE OBRADOVIC Date of judgment: 19 September 2024 Catchwords: FAMILY LAW – PROPERTY – Modest asset pool – 40 years of cohabitation – Broad-brush approach – Overall contributions equal – Future needs adjustment Legislation: Family Law Act 1975 (Cth) ss 75, 79 Cases cited: Bar-Mordecai v Hillston [2004] NSWCA 65
Bevan & Bevan [2013] FamCAFC 116
Blandford & Esmore [2022] FedCFamC1A 67
Chapman & Chapman [2014] FamCAFC 91
Dickons & Dickons [2012] FamCAFC 154
Heyes v Marquis [2008] NSWCA 10
Russell & Russell [1999] FamCA 1875
Scott & Danton [2014] FamCAFC 203
Sinclair & Whittaker [2013] FamCAFC 129
Stanford & Stanford [2012] HCA 52
Teal & Teal [2010] FamCAFC 120
Division: Division 2 Family Law Number of paragraphs: 149 Date of hearing: 6-7 & 14 June 2024 Place: Parramatta Counsel for the Applicant: Ms Judge Solicitor for the Applicant: Simon Diab & Associates Counsel for the Respondent: Mr Givney Solicitor for the Respondent: NSW Family Law Specialists ORDERS
PAC 2348 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR HALSELL
Applicant
AND: MS HALSELL
Respondent
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
19 SEPTEMBER 2024
THE COURT ORDERS THAT:
1.Within 21 days of these Orders, the respondent wife (‘wife’) shall do all acts and things necessary to effect the sale of the property known as B Street, Suburb D in the State of New South Wales being the whole of the land comprised in Folio Identifier … (‘Suburb D property’) as follows:
(a)The Suburb D property shall be listed for sale by way of private treaty with such real estate agent and solicitor/conveyancer as agreed to between the parties, and failing agreement:
(i)With an agent nominated by the President of the Real Institute of NSW; and
(ii)A solicitor/conveyancer nominated by the President of the NSW Law Society.
(b)In the event that the Suburb D property is not sold by private treaty, pursuant to Order 1(a) above, within 3 months of the date of these Orders, then the wife shall do all acts and things necessary to effect the sale of the Suburb D property by auction within a further period of 6 weeks.
(c)In the event the Suburb D property does not sell by auction, pursuant to Order 1(b) above, then the wife shall continue to list the property for auction every 6 weeks, with a reserve price of 5% less than that which was set at auction previously, until such time as the property sells.
(d)The sale price of the Suburb D property shall be not less than $900,000 unless agreed to by the parties.
(e)The wife shall co-operate in every reasonable way with the real estate agent in relation to the marketing of the Suburb D property for sale including making the key readily available, allowing inspection of the property at all times reasonably requested by the agent, and ensuring…
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- Halsell & Halsell [2024] FedCFamC2F 1288
- Case
- [2024] FedCFamC2F 1288
- Decision Date
CaseChat Overview and Summary
The legal issues central to the case revolved around the principles of equitable distribution under the Family Law Act 1975. The court had to assess the overall contributions of both parties, the duration of their cohabitation, and their respective future needs. The challenge was to apply these principles in a way that would achieve a just and equitable outcome given the specific circumstances of the case.
In delivering the judgment, Judge Obradovic adopted a broad-brush approach to the distribution of the assets. The court found that the contributions of both parties were broadly equal, taking into account both financial and non-financial contributions over the 40-year period of their relationship. The future needs of the parties were also considered, with adjustments made to reflect these needs. The court concluded that a 52% allocation to Mr Halsell and 48% to Ms Halsell was appropriate, with specific directives for the sale of the Suburb D property and the distribution of its proceeds.
The orders made by the court mandated the sale of the Suburb D property under specified conditions, including a minimum sale price and the distribution of the proceeds. Additionally, the court ordered that Ms Halsell pay a specified amount to Mr Halsell within 42 days. The final orders declared the parties as the sole owners of any other assets and liabilities, with each party solely liable for their respective debts. The court also provided for the appointment of the Registrar in the event of non-compliance with the orders.
Orders
Orders of the court
PAC 2348 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR HALSELL
Applicant
AND:
MS HALSELL
Respondent
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
19 SEPTEMBER 2024
THE COURT ORDERS THAT:
1. Within 21 days of these Orders, the respondent wife (‘wife’) shall do all acts and things necessary to effect the sale of the property known as B Street, Suburb D in the State of New South Wales being the whole of the land comprised in Folio Identifier … (‘Suburb D property’) as follows:
(a) The Suburb D property shall be listed for sale by way of private treaty with such real estate agent and solicitor/conveyancer as agreed to between the parties, and failing agreement:
(i) With an agent nominated by the President of the Real Institute of NSW; and
(ii) A solicitor/conveyancer nominated by the President of the NSW Law Society.
(b) In the event that the Suburb D property is not sold by private treaty, pursuant to Order 1(a) above, within 3 months of the date of these Orders, then the wife shall do all acts and things necessary to effect the sale of the Suburb D property by auction within a further period of 6 weeks.
(c) In the event the Suburb D property does not sell by auction, pursuant to Order 1(b) above, then the wife shall continue to list the property for auction every 6 weeks, with a reserve price of 5% less than that which was set at auction previously, until such time as the property sells.
(d) The sale price of the Suburb D property shall be not less than $900,000 unless agreed to by the parties.
(e) The wife shall co-operate in every reasonable way with the real estate agent in relation to the marketing of the Suburb D property for sale including making the key readily available, allowing inspection of the property at all times reasonably requested by the agent, and ensuring that the Suburb D property is clean, neat and in good order at the time of inspection by any prospective buyer.
(f) Upon agreement being reached for the sale of the Suburb D property, the wife shall execute the contracts of sale and all other documents necessary to complete the sale of the Suburb D property, including all transfer documentation, forthwith upon its submission to her by the agent or their solicitor.
(g) The contract for sale shall provide for completion within 42 days after the date of the contract unless the parties to these proceedings agree otherwise.
(h) The proceeds of sale of the Suburb D property shall be paid in the following manner and priority:
(i) Payment of any outstanding Land Tax, Council rates, water rates, and other levies and outgoings on the Suburb D property;
(ii) Payment of the real estate agent’s fees and commission on the sale and legal costs associated with the sale; and
(iii) The balance:
A. As to 52% to the husband; and
B. As to 48% to the wife.
2. Within 42 days of these Orders the wife pay to the husband the sum of $42,475.45.
3. Except as otherwise provided in these Orders, the husband and wife are declared the sole owner at law and in equity of any other assets, money, chattels or superannuation interest in their name or possession.
4. Except as otherwise provided in these Orders, the husband and wife be solely liable to the exclusion of the other for any debt, past or future, standing in their respective names.
5. The parties shall do all acts and things and execute all necessary documents or instruments and shall give all consents necessary to give effect to these Orders.
6. In the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these orders, the Registrar of the Court be appointed pursuant to s.106A of the Family Law Act 1975 (Cth) to execute such deed, document or instrument in the name of the said party and do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of Affidavit.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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