Heron and Heron

[2018] FCCA 1369

FEDERAL CIRCUIT COURT OF AUSTRALIA

HERON & HERON [2018] FCCA 1369

Catchwords:
FAMILY LAW – Property proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999 (Cth), s.39
Federal Circuit Court Rules 2001 (Cth), r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MS HERON

Respondent: MR HERON

File Number: PAC 3615 of 2015

Judgment of: Judge Newbrun

Hearing date: 25 May 2018

Date of Last Submission: 25 May 2018

Delivered at: Parramatta

Delivered on: 28 May 2018

REPRESENTATION

Solicitors for the Applicant: Mr Lofitis of West Legal

Solicitors for the Respondent: Ms Khalil of Saba El-Hanania Lawyers

ORDERS

1. These property proceedings are forthwith transferred to the Family Court of Australia at Parramatta.

NOTATION

The Court refers to its written judgment in relation to the above transfer Order.

IT IS NOTED that publication of this judgment under the pseudonym Heron & Heron is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3615 of 2015

MS HERON

Applicant

And

MR HERON

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s order of 25 May 2018 that these property proceedings be transferred to the Family Court of Australia.

2. The parties are aged in their early fifties, their relationship spanned some 24 years, and they have three adult children.

Issues in dispute

1. The issues in dispute are as follows:

   a)Valuation of the parties’ business (operated through a corporation);

   b)Whether proper financial disclosure by the husband in relation to the business has been afforded to the wife;

   c)Whether the business has improperly expended moneys for non-business expenses;

   d)Whether the husband wilfully caused a diminution in value of the business’ value through neglect and other actions, following separation;

   e)The extent to which the wife contributed to the business through her alleged work in the business during the relationship (a marriage from 1992 to separation in November 2014, with three adult children);

   f)The manner in which the purchase of the businesses factory premises was financed;

   g)Whether, and the extent to which, the husband sought to exercise dominion over the business company and sought to exclude the wife from the business (including denying her access to business banking records and other records of the business) since February 2015;

   h)Whether the wife accessed the business’ business account in January 2015 and paid herself certain moneys without the husband’s permission;

   i)Whether $145,000 received by the wife under the will of her late sister should be held on trust by the wife for the children of the relationship;

   j)The extent to which the wife made contributions as a homemaker and parent, and the extent to which the husband made such contributions;

   k)Whether, and the extent to which, the husband has wasted matrimonial assets through gambling on racehorses;

   l)Whether there should be any significant adjustments pursuant to section 75(2) of the Family Law Act 1975 (Cth) in favour of the wife by…