FEDERAL CIRCUIT COURT OF AUSTRALIA
| IANNELLO & IANNELLO (No.3) | [2018] FCCA 3752 |
| Catchwords: FAMILY LAW – Property – interim orders – application by the Husband for part property settlement to be characterised at trial – application by the Husband for orders in relation to the Wife’s future bonus payments – order made for the Husband to retain his shares by way of partial property settlement – application in relation to the Wife’s future bonus payments dismissed – order made that the Husband pay the Wife’s costs for the interim hearing. |
| Legislation: Family Law Act 1975 (Cth), ss.4, 75, 79, 80, 117 Federal Circuit Court Rules 2001 (Cth), r.21.02 |
| Cases cited: Bevan & Bevan [2013] FamCAFC 116 Calderbank v Calderbank [1975] 3 All ER Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Harris & Harris (1993) FLC 92-378 In the Marriage of I (No.2) (1995) 22 Fam LR 557 Marlowe-Dawson & Dawson (No.2) [2014] FamCA 599 Mullane v Mullane (1983) 158 CLR 436 Stanford v Stanford (2012) 247 CLR 108 Strahan & Strahan (2011) FLC 93-466 Vasek & Vasek [2012] FamCAFC 206 |
| Applicant: | MS IANNELLO |
| Respondent: | MR IANNELLO |
| File Number: | MLC 3008 of 2018 |
| Judgment of: | Judge C.E. Kirton QC |
| Hearing date: | 27 September 2018 |
| Date of Last Submission: | 27 September 2018 |
| Delivered at: | Melbourne |
| Delivered on: | 19 December 2018 |
REPRESENTATION
| Counsel for the Applicant: | Ms Smallwood |
| Solicitors for the Applicant: | Marshalls & Dent & Wilmoth Lawyers |
| Counsel for the Respondent: | Ms Byrnes |
| Solicitors for the Respondent: | KHQ Lawyers |
| Solicitors for the Independent Children's Lawyer: | Ms Kourtis of McKean Park Lawyers |
ORDERS
The Husband shall retain the shares referred to in Part I of his Financial Statement filed on 25 September 2018 for his sole use and benefit, by way of partial property settlement pursuant to ss.79 and 80(1)(h) of the Family Law Act 1975 (Cth).
Paragraph 2 of the Husband’s interim application for property orders in his Further Amended Response to Initiating Application, filed 25 September 2018, is dismissed.
The Husband pay the Wife’s costs of and incidental to the interim hearing on 27 September 2018 fixed in the sum of $3,619.38.
IT IS NOTED that publication of this judgment under the pseudonym Iannello & Iannello (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 3008 of 2018
| MS IANNELLO |
Applicant
And
| MR IANNELLO |
Respondent
REASONS FOR JUDGMENT
Introduction
These are property and parenting proceedings between the applicant (Wife) and the respondent (Husband). This is the third occasion that the Court has been required to deliver an interim decision in relation to matters in dispute between the parties since the commencement of this proceeding on 20 March 2018. This is an interim decision in relation to the partial division of property.
Issues to be determined
The issues to be determined are set out in the Husband’s second Further Amended Response to Initiating Application[1] (Second Further Amended Response) and the…
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- AGLC
- IANNELLO & IANNELLO (No.3) [2018] FCCA 3752
- Case
- [2018] FCCA 3752
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Court were whether the Husband should be permitted to retain specific shares as a partial property settlement and whether orders should be made regarding the Wife's entitlement to future bonus payments. The Court was required to determine the appropriate characterisation and distribution of these assets within the framework of the *Family Law Act 1975* (Cth).
The Court ordered that the Husband retain the shares detailed in his Financial Statement as a partial property settlement, pursuant to sections 79 and 80(1)(h) of the *Family Law Act 1975*. Consequently, the Husband's application concerning the Wife's future bonus payments was dismissed. The Court also ordered the Husband to pay the Wife's costs for the interim hearing in the sum of $3,619.38.
Orders
Orders of the court
1.
The Husband shall retain the shares referred to in Part I of his Financial Statement filed on 25 September 2018 for his sole use and benefit, by way of partial property settlement pursuant to ss.79 and 80(1)(h) of the Family Law Act 1975 (Cth).
2.
Paragraph 2 of the Husband’s interim application for property orders in his Further Amended Response to Initiating Application, filed 25 September 2018, is dismissed.
3.
The Husband pay the Wife’s costs of and incidental to the interim hearing on 27 September 2018 fixed in the sum of $3,619.38.
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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