Jeffrey and Goodrow - [2014] FCCA 496

FEDERAL CIRCUIT COURT OF AUSTRALIA

JEFFREY & GOODROW

[2014] FCCA 496

Catchwords:
FAMILY LAW – Property – de facto relationship – relationship of three years.

Legislation:

Family Law Act 1975, ss. 90SM, 90SK, 90RD, 90SF, 75(2), 90SL, 79(4), 4AA, Part VIII
Evidence Act 1995, s.79
Child Support (Registration & Collection) Act 1988, s.116

Calverley & Green (1984) 155 CLR 242
Stanford & Stanford [2012] HCA 52
Hickey & Hickey [2003] FamCA 395
Omacini & Omacini [2005] FamCA 707
AJO & GRO [2005] FamCA 195
Hurst & Weber [2009] FamCAFC 137
Hickey and Attorney-General for the Commonwealth of Australia (Intervener) (2003) FLC 93-143
Cook & Langford (2008) FLC 93-374
Bushby & Bushby (1988) FLC 91-919
Browne & Green [1999] FamCA 1483
Kowaliw & Kowaliw (1981) FLC 91-092
Ferraro & Ferraro (1993) FLC 92-335
Norbis v Norbis [1986] HCA 17

Applicant:

MS JEFFREY

Respondent:

MR GOODROW

File Number:

CAC 507 of 2013

Judgment of:

Judge Harman

Hearing date:

18 February 2014

Delivered at:

Parramatta

Delivered on:

27 March 2014

REPRESENTATION

Counsel for the Applicant:

Mr Ridge

Solicitors for the Applicant:

Barker & Barker

Counsel for the Respondent:

Self represented

ORDERS

Pursuant to section 90RD of the Family Law Act1975 it is declared that the parties Ms Jeffrey and Mr Goodrow lived together in a de facto relationship commencing no later than 8 January 2010 and ending no later than 7 January 2013.
That within 42 days of the date of this Order the Respondent do all such acts and sign all such documents as may be required to transfer to the Applicant at the expense of the Applicant all of the Respondent’s interest in Property L and known as Property L in the Australian Capital Territory (hereinafter called “the real property”).
That the Applicant and Respondent sign all documents and do all things required by the Mortgagee, (omitted) Bank, to enable the Applicant to refinance the Mortgage (mortgage registered No. (omitted)) secured on the real property into the sole name of the Applicant, with such refinance to occur simultaneously with the transfer pursuant to Order (2).
That the Respondent do all necessary acts and sign all necessary documents to transfer to the Applicant at the expense of the Applicant all his right, title and interest in the parties’ joint account, namely (omitted) Bank Account.
That unless otherwise specified in these Orders and save for the purposes of enforcing any monies due under these or any subsequent Orders:
(a)Each party be solely entitled to the exclusion of the other to all property (including choses-in-action) in the possession of such party as at the date of these (the furniture, personal possessions and like chattels in the real property being deemed to be in the possession of the Applicant).
(b)Money standing to the credit of the parties in any joint bank account is to become the property of the Applicant.
(c)Each party forego any claims they may have to any superannuation benefits belonging to or earned by the other.
(d)Insurance policies…

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 Jeffrey and Goodrow

Details

AGLC: Jeffrey and Goodrow [2014] FCCA 496
Case: [2014] FCCA 496
Decision Date: 27 March 2014

CaseChat Overview and Summary

In the matter of *Jeffrey and Goodrow*, heard in the Federal Circuit Court of Australia, the parties, Ms Jeffrey (the Applicant) and Mr Goodrow (the Respondent), brought proceedings concerning their property interests. The central dispute revolved around the division of assets and liabilities following the termination of their relationship.

The court was required to determine whether the parties had been in a de facto relationship for the purposes of the *Family Law Act 1975* and, if so, to make orders regarding the division of their property. Specifically, the court needed to ascertain the commencement and termination dates of any de facto relationship and then apply the relevant provisions of the Act to distribute the parties' assets, including real property, bank accounts, and other possessions.

Judge Harman declared that Ms Jeffrey and Mr Goodrow had lived together in a de facto relationship commencing no later than 8 January 2010 and ending no later than 7 January 2013, pursuant to section 90RD of the *Family Law Act 1975*. The court then made orders for the Respondent to transfer his interest in a specific property in the Australian Capital Territory to the Applicant at the Applicant's expense, and to facilitate the Applicant refinancing the mortgage on that property into her sole name. Further orders directed the Respondent to transfer his interest in a joint bank account to the Applicant. The court also made orders that, save for enforcing monies due, each party was solely entitled to property in their possession, with joint bank accounts becoming the Applicant's property, and each party foregoing claims to the other's superannuation. Each party was to be solely liable for liabilities encumbering property they received, and any joint tenancies were severed. The application and response were otherwise dismissed.

Orders

Orders of the court

Pursuant to section 90RD of the Family Law Act 1975 it is declared that the parties Ms Jeffrey and Mr Goodrow lived together in a de facto relationship commencing no later than 8 January 2010 and ending no later than 7 January 2013.

That within 42 days of the date of this Order the Respondent do all such acts and sign all such documents as may be required to transfer to the Applicant at the expense of the Applicant all of the Respondent’s interest in Property L and known as Property L in the Australian Capital Territory (hereinafter called “the real property”).

That the Applicant and Respondent sign all documents and do all things required by the Mortgagee, (omitted) Bank, to enable the Applicant to refinance the Mortgage (mortgage registered No. (omitted)) secured on the real property into the sole name of the Applicant, with such refinance to occur simultaneously with the transfer pursuant to Order (2).

That the Respondent do all necessary acts and sign all necessary documents to transfer to the Applicant at the expense of the Applicant all his right, title and interest in the parties’ joint account, namely (omitted) Bank Account.

That unless otherwise specified in these Orders and save for the purposes of enforcing any monies due under these or any subsequent Orders:

(a) Each party be solely entitled to the exclusion of the other to all property (including choses-in-action) in the possession of such party as at the date of these (the furniture, personal possessions and like chattels in the real property being deemed to be in the possession of the Applicant).

(b) Money standing to the credit of the parties in any joint bank account is to become the property of the Applicant.

(d) Insurance policies remain the sole property of the owner named therein.

(e) Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders.

(f) Any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

That the Application filed on 15 April 2013 and the Response filed on 20 June 2013 be otherwise dismissed.

That upon expiration of the appeal period and absent any appeal having been filed that all material produced on subpoena shall be returned to the person or agency producing same or if so requested securely destroyed.

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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