FEDERAL MAGISTRATES COURT OF AUSTRALIA
| HIETTE & HIETTE | [2010] FMCAfam 379 |
| FAMILY LAW – Property – long marriage – weight to be given to Husband’s significant initial contribution – no add-back as a result of Wife’s post separation expenditure – consideration of parties’ life expectancy under s.75(2) when Husband 76 and Wife 63 years. |
| Family Law Act 1975 (Cth), ss.75, 79 |
| AJO & GRO (2005) FLC 93-218 Williams & Williams [2007] FamCA 313 |
| Applicant: | MR HIETTE |
| Respondent: | MS HIETTE |
| File Number: | ADC 3568 of 2007 |
| Judgment of: | Sexton FM |
| Hearing dates: | 10 & 11 December 2009; 18 & 19 February 2010 |
| Date of Last Submission: | 19 February 2010 |
| Delivered at: | Sydney |
| Delivered on: | 20 April 2010 |
REPRESENTATION
| Counsel for the Applicant: | Ms West |
| Solicitors for the Applicant: | Boylan Lawyers |
| Counsel for the Respondent: | Ms Lewis |
| Solicitors for the Respondent: | Johnston Withers |
ORDERS
Within 30 days of the date of these Orders:
(a)The Husband provide the Wife with a stamped executed Transfer in relation to the property situated at Property C, [W] being the whole of the land in Certificate of Title Register Book Volume [1] and the Wife transfer to the Husband the whole of her interest in the Property C home;
(b)The Husband provide the Wife with a stamped executed Transfer in relation to the property known as Property M being the whole of the land comprised in Certificate of Title Register Book Volume [2] and the Wife transfer to the Husband the whole of her interest in the Property M property; and
(c)The Wife provide the Husband with a stamped executed Transfer in relation to the property known as Block 51, Property H being the whole of the land comprised in Certificate of Title Register Book Volume [3] and the Husband transfer to the Wife unencumbered, the whole of his interest in Block 51.
Pending transfer, the Husband be responsible for all outgoings on the Property C and the Property M properties, and indemnify and keep indemnified the Wife in relation…
Continue reading Hiette and Hiette
Sign in free to access the full text
- AGLC
- Hiette and Hiette [2010] FMCAfam 379
- Case
- [2010] FMCAfam 379
- Decision Date
CaseChat Overview and Summary
The court meticulously evaluated the evidence presented, including the contributions of each party to the acquisition and maintenance of the property, as well as their respective financial needs and circumstances post-separation. In its decision, the court ordered the transfer of specific properties between the parties, with precise timelines and conditions for these transfers. It also directed the allocation of certain personal assets, including vehicles, livestock, and collectibles, to each party. Furthermore, the court established a framework for the sale of a property, detailing the process, pricing mechanisms, and the distribution of sale proceeds among the parties. The court also addressed the management of outgoings and liabilities, assigning responsibilities for debts and providing for indemnification between the parties.
The outcome of the case resulted in a comprehensive division of the marital assets, ensuring a fair and equitable distribution based on the court's findings. The court's orders included specific directives for the transfer of property titles, the handling of outgoings, and the sale of certain assets. Additionally, the court provided for the retention of personal property by each party and outlined the process for distributing the proceeds from the sale of jointly owned property. The court further addressed the management of financial assets, including bank accounts and superannuation entitlements, and provided for the sharing of costs associated with the legal proceedings.
Orders
Orders of the court
1.
Within 30 days of the date of these Orders:
(a) The Husband provide the Wife with a stamped executed Transfer in relation to the property situated at Property C, [W] being the whole of the land in Certificate of Title Register Book Volume [1] and the Wife transfer to the Husband the whole of her interest in the Property C home;
(b) The Husband provide the Wife with a stamped executed Transfer in relation to the property known as Property M being the whole of the land comprised in Certificate of Title Register Book Volume [2] and the Wife transfer to the Husband the whole of her interest in the Property M property; and
(c) The Wife provide the Husband with a stamped executed Transfer in relation to the property known as Block 51, Property H being the whole of the land comprised in Certificate of Title Register Book Volume [3] and the Husband transfer to the Wife unencumbered, the whole of his interest in Block 51.
2.
Pending transfer, the Husband be responsible for all outgoings on the Property C and the Property M properties, and indemnify and keep indemnified the Wife in relation to those outgoings.
3.
The Husband and the Wife shall forthwith do all things necessary to effect a sale of the property known as Property H being the whole of the land comprised in Certificates of Title Register Books Volume [3] using a real estate agent agreed between the parties or failing agreement within 7 days by an agent appointed by the Real Estate Institute of New South Wales at a price agreed between the parties and failing such agreement at a price to be determined by the President of the Australian Property Institute of New South Wales or his nominee, costs to be shared equally between the parties.
4.
Upon the completion of the sale the proceeds to be distributed in the following order and priority:
(a) In payment of all legal costs, commissions, and agent expenses in relation to the sale;
(b) In adjustment of rates and other outgoings in accordance with usual conveyancing practice;
(c) In payment to the Wife of 42% of the balance;
(d) In payment to the Wife of $7,937.00; and
(e) In payment to the Husband of the balance.
5.
The Husband retain absolutely as his property:
(a) The motor vehicles in his possession;
(b) Plant and equipment in his possession;
(c) The livestock held at the Property M property;
(d) The plant and equipment held on Block 52;
(e) The proceeds of any bank account in his name;
(f) Furniture and chattels in his possession; and
(g) The personal property in his possession.
6.
The Wife retain absolutely as her property:
(a) The property at Property W, [W].
(b) The Stallion known as [C];
(c) Collectibles;
(d) Furniture and chattels in her possession;
(e) The red cedar chest of drawers;
(f) The proceeds of any bank account in her name;
(g) The superannuation entitlement in her name; and
(h) The personal property in her possession.
7.
The Court notes
that the Husband agrees the Wife will take possession of the Shetland pony known as “[Z]” presently located at the
Property M property, upon providing the Husband’s solicitor with written confirmation from the owners of the pony that the owners consent to this arrangement.
8.
The Wife provide to the Husband’s solicitor within 7 days all documents held by her relating to the pre-marriage period.
9.
Except as otherwise provided in these orders, the Husband and the Wife remain liable for any debts, howsoever arising, in their own name at the date of these Orders and in this respect shall indemnify, keep indemnified and hold harmless the other from any liability in relation thereto.
10.
In the event the Husband or the Wife refuses or neglects to comply with any of the Orders herein, the Registrar of this Court at its Adelaide Registry be appointed pursuant to section 106A of the Act to execute, in the name of the Husband or the Wife as the case may be, all deeds and instruments necessary to give effect to the orders herein, or any of them, and do all acts and things necessary to give validity and operation to the said deeds and instruments.
11.
Leave to apply be granted in relation to the implementation of these Orders, such leave to expire within 6 months.
12.
All exhibits tendered in these proceedings be returned at the expiration of one calendar month unless an appeal is lodged.
13.
With the exception of any application for costs, all outstanding applications otherwise be dismissed and the matter removed from the list of cases awaiting finalisation.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.