FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Hines & Easton (No 2) [2024] FedCFamC2F 536
File number: ADC 5343 of 2022 Judgment of: JUDGE BROWN Date of judgment: 3 May 2024 Catchwords: FAMILY LAW – PROPERTY – final hearing – de facto relationship of 23 years – relationship produced two children who are now adults – where the respondent seeks the dismissal of applicant’s application – where the applicant seeks a 50/50 distribution of assets – relatively modest asset pool – assessment of contributions – future needs – considerations of just and equity – matters to be considered Legislation: Age Discrimination Act 2004 (Cth) s 3(e)(i)
Evidence Act1995 (Cth) s 140
Family Law Act 1975 (Cth) Pts VII, VIIAB, ss 4, 4AA, 39B, 44(6), 79(2), 90SF, 90SM, 90XC
Cases cited: Bevan & Bevan [2013] FamCAFC 116
Biltoft & Biltoft (1995) FLC 92-614
NHC & RCH (2004) 32 Fam LR 518
Clauson v Clauson (1995) FLC 92-595
C & C (2005) 33 Fam LR 414
D & D [2003] FamCA 473
De Angelis v De Angelis (2003) FLC 93-133
Ferguson & Ferguson (1978) FLC 90-500
Ferraro v Ferraro (1993) FLC 92-335
Fox v Percy (2003) 214 CLR 118
Hall v Hall (2016) 257 CLR 490
Hickey & Hickey & Attorney-General (Intervener) (2003) FLC 93-143
Horrigan & Horrigan [2020] FamCAFC 25
In the Marriage of Browne & Green (1999) 25 Fam LR 482
In the Marriage of DJM and JLM (1998) 23 Fam LR 396
In the Marriage of Kowaliw (1981) FLC 91-092
In the Marriage of AJO & GRO (2005) 33 Fam LR 134
In the Marriage of Townsend (1994) 18 Fam LR 505
Lee Steere v Lee Steere (1985) FLC 91-626
L & L [2003] FamCA 40
Magas & Magas (1980) FLC 90-885
M & M [1998] FamCA 42
Pierce & Pierce (1999) FLC 92-844
Russell & Russell [1999] FamCA 1875
Hines & Easton [2023] FedCFamC2F 311
Stanford v Stanford [2012] HCA 52
Steinbrenner & Steinbrenner [2008] FamCAFC 193
Trevi & Trevi [2018] FamCAFC 173
Wardman & Hudson (1978) FLC 90-466
Waters & Jurek (1995) FLC 92-635
Watson & Ling [2013] FamCA 57
Weir & Weir (1993) FLC 92-338
White & Tulloch & White (1995) FLC 92-640
Division: Division 2 Family Law Number of paragraphs: 317 Date of hearing: 12 & 13 March 2024 Place: Adelaide Counsel for the Applicant: Ms Dichiera Solicitor for the Applicant: Adelta Legal The Respondent: Appeared in person ORDERS
ADC 5343 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR HINES
Applicant
AND: MS EASTON
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
3 MAY 2024
THE COURT ORDERS THAT:
1.Within sixty (60) days of this Order, Ms Easton (“the respondent”), do pay to the trust account of Adelta Legal for and on behalf of Mr Hines (“the applicant”) the sum of NINETY THOUSAND DOLLARS ($90,000.00).
2.In the event that the respondent fails to comply with paragraph 1 herein, then within one hundred and twenty (120) days…
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- AGLC
- Hines & Easton (No 2) [2024] FedCFamC2F 536
- Case
- [2024] FedCFamC2F 536
- Decision Date
CaseChat Overview and Summary
In reaching its decision, the court undertook a comprehensive analysis of the contributions made by each party to the relationship and the assets accumulated. The court considered both financial and non-financial contributions, including the care of the children and the maintenance of the household. The future needs of both parties were also assessed, taking into account their respective ages, health, and earning capacities. The court applied the principles of just and equity as outlined in the Family Law Act 1975 (Cth) to ensure a fair outcome. The court determined that a 50/50 distribution of the assets was not appropriate, and instead ordered that Ms Easton pay Mr Hines $90,000 within 60 days. If this payment was not made, Ms Easton was required to vacate the Suburb C property, which was to be sold under specific conditions. The sale proceeds were to be distributed according to a formula that took into account the parties' net superannuation and non-superannuation assets.
The court's final orders included specific directions for the payment and sale of the Suburb C property, the disbursement of sale proceeds, and the allocation of certain assets to each party. Notably, Mr Hines was awarded a base amount from Ms Easton's superannuation fund, and the parties were each responsible for half of the fees associated with the superannuation payment split. The court also specified which personal and household items each party was to retain without further claim or demand from the other. All other applications were dismissed, and the orders were to take effect from the operative time, with specific provisions for the superannuation payment split.
Orders
Orders of the court
ADC 5343 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR HINES
Applicant
AND:
MS EASTON
Respondent
ORDER MADE BY:
JUDGE BROWN
DATE OF ORDER:
3 MAY 2024
THE COURT ORDERS THAT:
1. Within sixty (60) days of this Order, Ms Easton (“the respondent”), do pay to the trust account of Adelta Legal for and on behalf of Mr Hines (“the applicant”) the sum of NINETY THOUSAND DOLLARS ($90,000.00).
2. In the event that the respondent fails to comply with paragraph 1 herein, then within one hundred and twenty (120) days of this Order, the respondent shall vacate the Suburb C property and the parties shall do all things necessary to place the Suburb C property on the market for sale subject to the following conditions:
(a) The selling agent shall be agreed in writing and failing agreement within ninety (90) days of this order it shall be such selling agent as nominated by the Secretary of the Real Estate Institute of South Australia; and
(b) The terms and conditions of the sale including the sale price and the mode of sale shall be agreed in writing.
3. The parties shall follow the advice provided by the nominated selling agent from time to time including but not limited to the mode of sale, conditions of sale, any offers to purchase and any repairs or improvements required to the Suburb C property prior to sale.
4. The parties shall be jointly responsible for the costs of selling the Suburb C property including but not limited to any gardening or housecleaning services recommended by the nominated selling agent.
5. Upon sale of the Suburb C property, the proceeds of sale shall be disbursed as follows:
(a) To pay all sales costs and commissions;
(b) A sum representing 61% of the parties’ net superannuation and non-superannuation assets to the respondent; and
(c) A sum representing 39% of the parties’ net superannuation and non-superannuation assets to the applicant;
6. In accordance with section 90XT(4) of the Family Law Act 1975 (Cth) (“the Act”), a base amount of TWENTY THREE THOUSAND, THREE HUNDRED AND NINETY-FOUR DOLLARS AND FIFTY TWO CENTS ($23,394.52) is allocated to the applicant out of the respondent’s interest in her Super Fund G (Client ID number …, Account ID …).
7. In accordance with section 90XT(1)(a) of the Act:
(a) The applicant is entitled to be paid, the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001 (“the Regulations”); and
(b) The respondent’s entitlement in the Super Fund G shall be correspondingly reduced.
8. The trustee of the Super Fund G (“the trustee”) shall do all such acts and things and sign all such documents as may be necessary to:
(a) Calculate, in accordance with the requirements of the Act and the Regulations, the entitlement awarded to the applicant created by paragraph (6); and
(b) Pay the entitlement whenever the trustee makes a splitable payment from the respondent’s interest in the Super Fund G.
9. Within fourteen (14) days of the date of these Orders, the respondent shall serve a copy of these Orders upon the trustee.
10. This order shall have effect from the operative time and the operative time for paragraph (6) is the fourth business day after service of a certified copy of these Orders on the trustee.
11. The parties shall each pay half of any fees charged by the trustee of the fund in administering the payment split pursuant to these orders.
12. Including but without limiting the effect hereof, the applicant shall retain for his sole use and benefit absolutely free from any further claim or demand of the respondent:
(a) His Motor Vehicle 1;
(b) His personal savings;
(c) His superannuation entitlements;
(d) His furniture and effects, including hobby equipment; and
(e) All other property in his possession and control.
13. Including but without limiting the effect hereof, the respondent shall retain for her sole use and benefit absolutely free from any further claim or demand of the applicant:
(a) Her Motor Vehicle 2;
(b) Her personal savings;
(c) Her superannuation interest subject to paragraphs (6) – (11) herein;
(d) Her furniture and effects; and
(e) All other property in her possession and control.
14. All extant applications are hereby dismissed.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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