Jensen & Jensen

Case [2022] FedCFamC2F 1190


Federal Circuit and Family Court of Australia

(DIVISION 2)

Jensen & Jensen [2022] FedCFamC2F 1190

File number: PAC 6951 of 2020
Judgment of: JUDGE TURNBULL
Date of judgment: 2 September 2022
Catchwords: FAMILY LAW – PROPERTY – s 79(8) – property settlement after the death of applicant wife – where partial settlement results in husband retaining significantly more assets than the wife – where remaining assets for distribution are jointly held funds and lease surrender proceeds in which the parties hold equal interests – discussion of jurisdiction under s 79(8) – discussion of s 75(2)(a) – need for party’s age and/or state of health to affect their financial circumstances – discussion of s.75(2)(g) – whether party’s standard of living impacted by payment of legal fees
Legislation: Family Law Act 1975 (Cth) ss 39(5)(a), 75(2), 79(1), 79(2), 79(4), 79(8)
Cases cited:

Abebe v Commonwealth (1999) 197 CLR 510

Beck & Beck (No 2) (1983) FLC 91-318

Clauson & Clauson (1995) FLC 92-595

Dovgan & Dovgan [2021] FamCA 306

Doyle & Doyle (deceased) (1989) FLC 92-027

Firm & Ruane [2014] FamCAFC 189

Fisher & Fisher (1986) FLC 91-701

Fisher & Fisher (No 2) (1986) 161 CLR 438

Flanagan & Sobek (deceased) [2014] FamCA 696

Goswami & Rapozo (No 2) [2020] FamCAFC 282

Grace & Grace [2012] NSWSC 976

Greval & Estate of the late Greval (1990) FLC 92-132

Grier & Malphas [2016] FamCAFC 84

Hickey & Hickey [2003] FamCA 395

Hutton & Hutton [2007] FamCA 1701

Jabour & Jabour [2019] FamCAFC 78

Jacobson & Jacobson (1989) FLC 92-003

Kowaliw & Kowaliw (1981) FLC 91-092

Lotta & Lotta [2017] FamCA 50

Mabb & Mabb [2020] FamCAFC 18

Mallet & Mallet (1984) 156 CLR 605

Mayhew & Fairweather [2021] FamCA 614

Meddow & Estate of the late Meddow [2015] FamCA 1182

Norman & Norman [2010] FamCAFC 66

Parshen & Parshen (1996) FLC 92-720

Pretswell (deceased) & Pretswell [2019] FamCA 395

Sigley & Cullen (No 3) [2015] FamCA 825

Stanford & Stanford (2012) 247 CLR 108

Strelys & Strelys (1988) FLC 91-961

Tallowfield & Tallowfield [2018] FamCAFC 172

Teal & Teal [2010] FamCAFC 120

Varnham & Moses [2021] FamCAFC 31

Waters & Jurek (1995) FLC 92-635

Whitehouse & Whitehouse [2009] FamCAFC 207

Wilson & Wilson (1989) FLC 92-033

Division: Division 2 Family Law
Number of paragraphs: 116
Date of hearing: 20-21 June 2022, 28 June 2022
Place: Heard in Parramatta and Hobart, delivered in Hobart
Counsel for the Applicant: Mr Kerrison
Solicitors for the Applicant: Kerrisons Legal Services
Counsel for the Respondent: Ms Spain
Solicitors for the Respondent: MCW Lawyers Pty Ltd

ORDERS

PAC 6951 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR HOLLAND AS THE LEGAL PERSONAL REPRESENTATIVE FOR MS JENSEN (DECEASED)

Applicant

AND:

MR JENSEN

Respondent

order made by:

JUDGE TURNBULL

DATE OF ORDER:

2 SEPTEMBER 2022

THE COURT ORDERS THAT:

1.unless already undertaken pursuant to the partial settlement order of 21 June 2022, pursuant to s 79(8)(b)(iii) of the Family Law Act 1975 (Cth) (‘the Act’), and…

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Jensen & Jensen [2022] FedCFamC2F 1190
Case
[2022] FedCFamC2F 1190
Decision Date

CaseChat Overview and Summary

This case concerned a property settlement between the parties, Mr Jensen and Ms Jensen, after the death of Ms Jensen. Ms Jensen initiated proceedings under the Family Law Act 1975 (Cth) and passed away before her application was finally determined. The court had to decide on the distribution of the remaining joint funds and the G Retirement Village lease surrender proceeds. The court found that the parties' contributions were equal and that the proposed exercise of discretion under s 79 of the Act was just and equitable. The court ordered that the remaining joint funds and G Retirement Village lease surrender proceeds be divided equally between the parties, with each receiving 50% of the total asset pool. The court also ordered that the parties retain possession of their personal properties and entitlements in their sole name.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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