Hartford and Costanzo
Case
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[2019] FCCA 375
•20 February 2019
Details
AGLC
Case
Decision Date
Hartford and Costanzo [2019] FCCA 375
[2019] FCCA 375
20 February 2019
CaseChat Overview and Summary
This matter concerned property settlement proceedings between Ms Hartford (the applicant) and Mr Costanzo (the respondent) before Judge Mead. The dispute involved the division of assets and liabilities following the cessation of the parties' de facto relationship.
The court was required to determine how the parties' property should be divided, considering the respondent's failure to comply with court orders and his subsequent lack of participation in the proceedings. Specifically, the court needed to address the transfer of a property registered in the respondent's sole name and the distribution of various items of personalty.
Judge Mead ordered that Ms Hartford would retain the property at Property A, currently registered in Mr Costanzo's sole name, for her sole use and benefit. To give effect to this, Mr Costanzo was ordered to transfer his interest in the property to Ms Hartford. A Registrar was appointed to execute the transfer due to Mr Costanzo's non-compliance with previous orders and his failure to participate in the proceedings. Ms Hartford was also to retain all personalty in her possession, including a motor vehicle. Mr Costanzo was to retain all other real estate registered in his sole name and personalty in his possession, with the exception of the motor vehicle already with Ms Hartford. The court also granted Ms Hartford a certificate under s 128 of the Evidence Act 1995 (Cth) concerning evidence she gave regarding Centrelink benefits. All other extant applications were dismissed.
The court was required to determine how the parties' property should be divided, considering the respondent's failure to comply with court orders and his subsequent lack of participation in the proceedings. Specifically, the court needed to address the transfer of a property registered in the respondent's sole name and the distribution of various items of personalty.
Judge Mead ordered that Ms Hartford would retain the property at Property A, currently registered in Mr Costanzo's sole name, for her sole use and benefit. To give effect to this, Mr Costanzo was ordered to transfer his interest in the property to Ms Hartford. A Registrar was appointed to execute the transfer due to Mr Costanzo's non-compliance with previous orders and his failure to participate in the proceedings. Ms Hartford was also to retain all personalty in her possession, including a motor vehicle. Mr Costanzo was to retain all other real estate registered in his sole name and personalty in his possession, with the exception of the motor vehicle already with Ms Hartford. The court also granted Ms Hartford a certificate under s 128 of the Evidence Act 1995 (Cth) concerning evidence she gave regarding Centrelink benefits. All other extant applications were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Evidence
Legal Concepts
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Costs
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Remedies
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Privilege
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Procedural Fairness
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Statutory Construction
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Citations
Hartford and Costanzo [2019] FCCA 375
Cases Citing This Decision
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Statutory Material Cited
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