HINKLER & ANGLIN - [2019] FCCA 2309

FEDERAL CIRCUIT COURT OF AUSTRALIA

HINKLER & ANGLIN

[2019] FCCA 2309

Catchwords:
FAMILY LAW – Adjustment of property interests – assessment of contributions.

Legislation:

Family Law Act 1975 (Cth), ss.75, 79

Cases cited:

Bevan & Bevan [2014] FamCAFC 19

Chapman & Chapman [2014] FamCAFC 91

Jones & Dunkel (1959) 101 CLR 298

Kennon & Kennon (1997) FLC 92-757

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

Robb & Robb [1994] FamCA 136

Scott & Danton [2014] FamCAFC 203

Stanford & Stanford [2012] HCA 52

Applicant:

MR HINKLER

Respondent:

MS ANGLIN

File Number:

PAC 1039 of 2016

Judgment of:

Judge Obradovic

Hearing dates:

8 - 9 April 2019

Date of Last Submission:

29 April 2019

Delivered at:

Parramatta

Delivered on:

22 August 2019

REPRESENTATION

Counsel for the Applicant:

Mr Mando

Solicitors for the Applicant:

Mic Lawyers

Appearing for the Respondent:

In person

ORDERS

The Respondent is to pay to the Applicant, pursuant to section 79 of the Family Law Act 1975, the amount of $38,750 by making minimum fortnightly payments of $150 to commence 28 days after the making of these Orders. For the purposes of such instalments the Applicant shall within 7 days provide to the Respondent details of his bank account where such payments are to be made by way of electronic funds transfer.
As between the Applicant and Respondent, and subject to the above Orders, the Applicant shall retain all interest in and entitlement to:
(a)All personal property and financial resources now in his respective possession or control.
(b)All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in his sole name respectively.
(c)All interests in life insurance policies and superannuation funds standing in his sole name respectively.
As between the Applicant and Respondent, and subject to the above Orders, the Respondent shall retain all interest in and entitlement to:
(a)Lot … in Deposited Plan … being the property at G Street, Suburb H in the State of New South Wales;
(b)All personal property and financial resources now in her respective possession or control.
(c)All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in her sole name respectively.
(d)All interests in life insurance policies and superannuation funds standing in her sole name respectively.
Subject to the above Orders, the Applicant and Respondent shall be and remain liable for any debts in his or her sole name respectively at the date of these Orders and in this respect shall indemnify and hold harmless the other from all and any liability in relation thereto.

Remove all outstanding issues from the list of cases awaiting finalisation.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1039 of 2016

MR HINKLER

Applicant

And

MS ANGLIN

Respondent

REASONS FOR JUDGMENT

Introduction

The applicant husband and the respondent wife married on … 2003. They separated…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading HINKLER & ANGLIN

Details

AGLC: HINKLER & ANGLIN [2019] FCCA 2309
Case: [2019] FCCA 2309
Decision Date: 22 August 2019

CaseChat Overview and Summary

In the matter of Hinkler & Anglin, heard by Judge Obradovic, the dispute concerned the adjustment of property interests between the parties. The court was tasked with determining how the parties' assets and financial resources should be divided.

The central legal issue before the court was the assessment of the parties' respective contributions to the marriage and their future needs in order to make a just and equitable property settlement. This involved considering both financial and non-financial contributions made by each party throughout the relationship.

Judge Obradovic ordered that the Respondent pay the Applicant the sum of $38,750, to be paid by way of fortnightly instalments of $150, commencing 28 days after the making of the orders. The Applicant was to retain all personal property and financial resources in his possession or control, including assets held in his sole name, such as shares, units in trusts, bank accounts, life insurance policies, and superannuation funds. Similarly, the Respondent was to retain all interest in the property located at G Street, Suburb H, New South Wales, and all personal property and financial resources in her possession or control, including assets held in her sole name. Each party was to remain liable for their respective debts incurred in their sole name and indemnify the other against any such liability.

Orders

Orders of the court

The Respondent is to pay to the Applicant, pursuant to section 79 of the Family Law Act 1975, the amount of $38,750 by making minimum fortnightly payments of $150 to commence 28 days after the making of these Orders. For the purposes of such instalments the Applicant shall within 7 days provide to the Respondent details of his bank account where such payments are to be made by way of electronic funds transfer.

As between the Applicant and Respondent, and subject to the above Orders, the Applicant shall retain all interest in and entitlement to:

(a) All personal property and financial resources now in his respective possession or control.

(b) All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in his sole name respectively.

As between the Applicant and Respondent, and subject to the above Orders, the Respondent shall retain all interest in and entitlement to:

(a) Lot … in Deposited Plan … being the property at G Street, Suburb H in the State of New South Wales;

(b) All personal property and financial resources now in her respective possession or control.

(c) All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in her sole name respectively.

(d) All interests in life insurance policies and superannuation funds standing in her sole name respectively.

Subject to the above Orders, the Applicant and Respondent shall be and remain liable for any debts in his or her sole name respectively at the date of these Orders and in this respect shall indemnify and hold harmless the other from all and any liability in relation thereto.

Remove all outstanding issues from the list of cases awaiting finalisation.

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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