FEDERAL CIRCUIT COURT OF AUSTRALIA
| HOBBS & VALONZ | [2013] FCCA 1999 |
| Catchwords: FAMILY LAW – Property – whether it is just and equitable to make an order – contributions – s.75(2) factors. |
| Legislation: Family Law Act 1975, ss.75, 78, 79, 106A, pt. VIII |
| Bevan v Bevan [2013] FamCAFC 116 Stanford and Stanford Lots of Questions – Very Few Answers, Martin Barfeld QC of the Victorian Bar. |
| Applicant: | MR HOBBS |
| Respondent: | MS VALONZ |
| File Number: | BRC 6269 of 2012 |
| Judgment of: | Judge Cassidy |
| Hearing date: | 10 October 2013 |
| Date of Last Submission: | 15 November 2013 |
| Delivered at: | Brisbane |
| Delivered on: | 27 November 2013 |
REPRESENTATION
| Counsel for the Applicant: | Mr Linklater-Steele |
| Solicitors for the Applicant: | Barry Nilsson Lawyers |
| Counsel for the Respondent: | Ms Carew QC |
| Solicitors for the Respondent: | Small Myers Hughes |
ORDERS
That the husband receive an amount equal to 37% of the net assets, as set out in Annexure A, and retain and be entitled to be the sole legal and beneficial owner of the following:
(a)His property at Property B in the State of Queensland;
(b)His (vehicle omitted) – (model omitted) motor vehicle;
(c)His Ford (model omitted) motor vehicle;
(d)His (omitted) Bank account;
(e)His (omitted) Bank account;
(f)All shares currently held in his name;
(g)US dollars in his possession;
(h)Furniture, furnishings and effects in his possession;
(i)Personal effects and jewellery; and
(j)His superannuation entitlements in the Hobbs Private Superannuation Fund.
In addition to the assets referred to in Order 1 hereof, the wife pay to the husband $151,000.00 within twenty-eight (28) days of the date of these Orders.
That if the said sum is not paid within the period specified, the wife to pay to the husband interest thereon at the rate prescribed by the Family Law Act 1975 and calculated on a daily basis until such payment is received by the husband.
That the wife retain and be entitled to be the sole legal and beneficial owner of the following:
(a)Her property at Property O in the State of Queensland;
(b)Her property at Property A in the State of Queensland;
(c)Her property at Property S in the State of Queensland;
(d)Her Toyota (model omitted) motor vehicle;
(e)The Caravan;
(f)All (omitted) Bank accounts in her name;
(g)All shares currently held in her name;
(h)Her superannuation entitlements with (omitted) Super and the Valonz Superannuation Fund;
(i)Her interest in Valonz (omitted) Pty Ltd;
(j)Furniture, furnishings and effects in her possession;
(k)Personal effects and jewellery.
That each party shall indemnify the other with respect to any expenses, outgoings and liabilities related to those items of property which they retain or receive pursuant to these Orders.
That both parties do all acts and things and execute all such documents as are necessary to transfer the Caravan to the wife.
That in the event that either party refuses or neglects to sign any documents or do any act necessary to give effect to the terms of these Orders (within seven (7) days of a written…
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- AGLC
- HOBBS & VALONZ [2013] FCCA 1999
- Case
- [2013] FCCA 1999
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate percentage of the net assets to be awarded to the husband and to specify which assets each party would retain. This involved considering the total value of the parties' combined assets and liabilities, as detailed in Annexure A, and making orders for the transfer or retention of specific items of property. The court also needed to address the payment of a sum of money from the wife to the husband and the consequences of any default in payment, as well as the execution of necessary documents to give effect to the orders.
In reaching its decision, the court ordered that the husband receive an amount equal to 37% of the net assets. This included specific properties, vehicles, bank accounts, shares, and superannuation entitlements. The wife was ordered to pay the husband a further sum of $151,000.00 within twenty-eight days, with interest to accrue if payment was not made within that period. The wife was to retain the remaining assets, including several properties, a vehicle, a caravan, bank accounts, shares, and superannuation. The orders also stipulated that each party would indemnify the other for liabilities associated with the property they retained and provided for the Registrar to execute documents if a party failed to do so.
Orders
Orders of the court
1.
That the husband receive an amount equal to 37% of the net assets, as set out in Annexure A, and retain and be entitled to be the sole legal and beneficial owner of the following:
(a) His property at Property B in the State of Queensland;
(b) His (vehicle omitted) – (model omitted) motor vehicle;
(c) His Ford (model omitted) motor vehicle;
(d) His (omitted) Bank account;
(e) His (omitted) Bank account;
(f) All shares currently held in his name;
(g) US dollars in his possession;
(h) Furniture, furnishings and effects in his possession;
(i) Personal effects and jewellery; and
(j) His superannuation entitlements in the Hobbs Private Superannuation Fund.
2.
In addition to the assets referred to in Order 1 hereof, the wife pay to the husband $151,000.00 within twenty-eight (28) days of the date of these Orders.
3.
That if the said sum is not paid within the period specified, the wife to pay to the husband interest thereon at the rate prescribed by the Family Law Act 1975 and calculated on a daily basis until such payment is received by the husband.
4.
That the wife retain and be entitled to be the sole legal and beneficial owner of the following:
(a) Her property at Property O in the State of Queensland;
(b) Her property at Property A in the State of Queensland;
(c) Her property at Property S in the State of Queensland;
(d) Her Toyota (model omitted) motor vehicle;
(e) The Caravan;
(f) All (omitted) Bank accounts in her name;
(g) All shares currently held in her name;
(h) Her superannuation entitlements with (omitted) Super and the Valonz Superannuation Fund;
(i) Her interest in Valonz (omitted) Pty Ltd;
(j) Furniture, furnishings and effects in her possession;
(k) Personal effects and jewellery.
5.
That each party shall indemnify the other with respect to any expenses, outgoings and liabilities related to those items of property which they retain or receive pursuant to these Orders.
6.
That both parties do all acts and things and execute all such documents as are necessary to transfer the Caravan to the wife.
7.
That in the event that either party refuses or neglects to sign any documents or do any act necessary to give effect to the terms of these Orders (within seven (7) days of a written request to do so), the Registrar of the Federal Circuit Court of Australia at Brisbane, is hereby appointed pursuant to s.106A of the Family Law Act 1975, to execute all such documents on behalf of the defaulting party and to do all such acts and things as are necessary to give validity and operation to the said Orders.
8.
That the party in default is ordered to pay all reasonable costs incurred by the solicitors of the non-defaulting party.
Annexure A – Net Assets
ASSETS
AGREED VALUE
Assets in Wife’s Name
Property O
$610,000.00
Property A
$400,000.00
Property S
$330,000.00
Toyota (model omitted)
$55,000.00
Superannuation
$1,587,436.00
(omitted) Portfolio
$392,800.00
(omitted) Investment Loan
$8,240.00
Bank Accounts
$164,066.00
Total Gross Assets
$3,547,542.00
Liabilities in Wife’s Name
(omitted) Bank
-$285,499.00
(omitted) Bank
-$328,000.00
Total Liabilities
-$613,499.00
NET ASSETS IN WIFE’S NAME
$2,934,043.00
Assets in Husband’s Name
Property B
$639,000.00
(vehicle omitted)
$65,000.00
Bank Accounts
$110,000.00
Ford
$14,000.00
US Dollars
$12,047.00
(omitted) Portfolio
$79,357.00
Superannuation
$589,364.00
TOTAL ASSETS IN HUSBAND’S NAME
$1,508,768.00
Asset in Joint Names
Caravan
$41,500.00
TOTAL ALL ASSETS
$4,484,311.00
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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