HUA & LIU

[2019] FamCA 732

FAMILY COURT OF AUSTRALIA

HUA & LIU [2019] FamCA 732

FAMILY LAW – PROPERTY – Discussion of s. 79(2) of the Family Law Act 1975 – Is it just and equitable to adjust property interests of the parties – Consideration of husband’s disposition of assets between separation and trial – Whether the principle of Chang & Su apply to husband’s non-disclosure – which assets should be included/excluded from the asset pool – Discussion of s.75(2) factors – Held it is just and equitable to alter property interests of the parties.

Family Law Act 1975 (Cth) ss. 75(2), 79

Stanford v Stanford [2012] HCA 52
In the Marriage of Hickey [2003] FamCA 395
Bevan & Bevan [2013] FamCAFC 116
Chancellor & McCoy [2016] FamCAFC 256
Jabour & Jabour [2019] FamCAFC 78

Wallis & Manning [2017] FamCAFC 14
Browne v Dunn (1893) 6 R 67.

Jones v Dunkel (1959) 101 CLR 298
Oriolo & Oriolo (1985) 10 Fam LR 665
Chang & Su [2002] FamCA 156
Gould & Gould [2007] FamCA 609
Kannis & Kannis [2002]FamCA 1150
Jamine & Jamine (No.2) [2012] FamCAFC 104
Omacini & Omacini [2005] Fam CA 195
Trevi & Trevi [2018] FamCAFC 173
D’Cruz & Pierce [2008] FamCA 819
Pierce & D’Cruz and Pierce & T [2010] FamCAFC 99

APPLICANT: Mr Hua

RESPONDENT: Ms Liu

FILE NUMBER: MLC 6285  of 2013

DATE DELIVERED: 18 October 2019

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Williams J

HEARING DATE: 12 – 15 February 2019;
18 – 22 February 2019;
6 – 10 May 2019.

WRITTEN SUBMISSIONS: 7 June 2019;
10 July 2019;
23 July 2019.

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Vohra of Senior Counsel & Ms Colla

SOLICITOR FOR THE APPLICANT: Baker Jones Lawyers

COUNSEL FOR THE RESPONDENT: Mr O'Shannessy & Mr Fuller

SOLICITOR FOR THE RESPONDENT: Peter Szabo Family Law

Orders

(1)The matter be listed for a further Mention before the Hon. Justice Williams on a date to be fixed. 

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hua & Liu has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC6285 of 2013

Mr Hua

Applicant

And

Ms Liu

Respondent

REASONS FOR JUDGMENT

Introduction 

1.This is an application for property adjustment pursuant to s.79 of the Family Law Act 1975 (“the Act”) as the parties are unable to reach agreement about the division of their property.

2.The Response of the wife sought parenting orders in relation to their son, E born in 2012. Parenting orders were made…