FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jepson & Jepson (No 8) [2025] FedCFamC1F 146
File number: SYC 2100 of 2016 Judgment of: MCCLELLAND DCJ Date of judgment: 7 March 2025 Catchwords: FAMILY LAW – PROPERTY – Application for an adjustment under s 79 of the Family Law Act 1975 (Cth) – Where the husband was the primary income earner and the wife was the primary caregiver for the parties’ children – Issues of credit – Non-disclosure – Where the wife failed to provide items of jewellery for valuation – Where the wife has returned to the workforce but the husband has remained unemployed – Where the wife’s inheritance and superannuation must be treated as a post-separation asset – Financial orders made for payment of monies to the husband and for the wife to retain her property.
FAMILY LAW – ADDBACKS – Exception not the rule –Whether legal fees of criminal proceedings should be added back – Where the wife contends that the husband should have declared bankruptcy – Where the husband was in his right to defend criminal proceedings – Where the legal expenses were reasonably incurred – Where the husband’s expenditure on legal fees was neither wasteful, reckless or wonton – Where an addback is sought due to the asserted “loss of businesses” – Where the wife’s allegations that the husband engaged in dishonest and illegal conduct does not satisfy the burden of proof – Where the husband contends that the wife’s reckless conduct led to a significant reduction in the sale price of the former matrimonial home – Where the husband asserts that the wife provided information to a journalist knowing it would create adverse media publicity and diminish the sale price of the property – Where any reduction could not be accurately quantified – Finding some items be added back with the balance to be considered under s 75(2)(o) of the Family Law Act 1975 (Cth).
FAMILY LAW – RESTITUTION – Associated jurisdiction of the Court – Where the wife sold two motor vehicles belonging to the second respondent at the time of the sale – Where the Court does not accept the wife’s account of the sale price – Where there is a lacuna in the evidence regarding the advertisement of the motor vehicles for sale – Consideration of Armory v Delamirie (1722) 1 Strange 505 [93 ER 664] – Facilitation principle – Wife to pay the second respondent $130,000 as compensation.
Legislation: Bankruptcy Act 1966 (Cth) s 77
Corporations Act 2001 (Cth) s 206F
Evidence Act 1995 (Cth) ss 60, 69, 136, 140
Family Law Act 1975 (Cth) ss 75(2), 79, 106A
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 29, 43
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) pt 7.1, r 8.04
Kopsen, Hugh PK and Robyn Carroll, “The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure” (2017) 45 Federal Law Review
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- AGLC
- Jepson & Jepson (No 8) [2025] FedCFamC1F 146
- Case
- [2025] FedCFamC1F 146
- Decision Date
CaseChat Overview and Summary
The court had to decide whether certain financial items should be added back to the husband’s assets or if the wife’s allegations were substantiated enough to warrant such adjustments. Additionally, the court examined the wife’s claim that the husband should have declared bankruptcy and whether the legal expenses incurred by the husband were reasonable. The wife also argued that the husband’s conduct led to a reduction in the sale price of their former matrimonial home, which the husband denied. The court had to balance these claims and decide on the final financial orders.
The court found that the wife’s credibility was compromised due to her false testimony regarding the sale of motor vehicles. Despite the wife’s allegations of fraud and illegal activities by the husband, the court did not find sufficient evidence to support these claims. Regarding the legal fees, the court ruled that some items should be added back, but others would be considered under section 75(2)(o) of the Family Law Act 1975 (Cth). The court also determined that the wife sold motor vehicles belonging to the husband’s mother and ordered her to pay compensation.
The final orders mandated the payment of certain sums to the husband from the wife, compensation to the husband’s mother, and the assignment of life insurance policies to the husband. The court discharged all previous orders and clarified that the parties retained their rights to other properties in their possession or name. The court emphasised the importance of executing all necessary documents to give effect to these orders and appointed a Judicial Registrar to facilitate this if necessary.
Orders
Orders of the court
SYC 2100 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR JEPSON
Applicant
AND:
MS JEPSON
First Respondent
MS B JEPSON
Second Respondent
ORDER MADE BY:
MCCLELLAND DCJ
DATE OF ORDER:
7 MARCH 2025
THE COURT ORDERS THAT:
1. All previous orders are hereby discharged.
2. Within 28 days of the date of these orders, the parties are to take all steps necessary to direct JJ Lawyers to pay to Mr Jepson (“the applicant”) the balance of the net sale proceeds of the property situated at L Street, Suburb P in the amount of $1,214,541.
3. Within 28 days of the date of these orders, Ms Jepson (“the first respondent”) is to pay the further amount of $456,609 to the applicant.
4. Within 28 days of the date of these orders, the first respondent is to pay the amount of $130,000 to Ms B Jepson.
5. Within 7 days of the date of these orders, the first respondent is to do all acts and things necessary to assign to the applicant any and all life insurance policies, total and permanent disability insurance policies, or any other policy that the first respondent has in her name which covers the applicant.
6. Except as otherwise set out in these orders, the parties have the sole right, title and interest in any other property which is at the date hereof in their possession, title or name and they shall be solely liable for and indemnify the other against any and all liabilities that stand in their name, title or possession.
7. Each party must do all acts and things, give all consent and execute all documents and writings necessary to give effect to the orders herein.
8. In the event that either party refuses or neglects to execute any deed or instrument, a Judicial Registrar or such other empowered person of the Federal Circuit and Family Court of Australia or such other Court with jurisdiction, be appointed pursuant to section 106A of the Family Law Act 1975 (Cth), to execute such deed or instrument in the name of such party and to do all acts and things necessary to give validity to the operation to the deed or instrument.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
It is to be appreciated that the exercise of the broad discretion given to the Court pursuant to s 79 of the Act “‘inevitably involves value judgments and matters of impression’, and accordingly it cannot be treated as ‘a mathematical exercise’”.[13]CONSIDERATION[13] Petruski & Balewa (2013) 49 Fam LR 116 at [49], citing Lovine & Connor (2012) FLC 93-515 at [40]–[41].Factual findings The husband and wife have each helpfully provided to the Court a summary of factual findings that they contend are relevant to the determination of the controversies in these proceedings. I have considered each of those contentions of fact and will refer to them to the extent that a factual finding is necessary and has impacted my decision as to the orders I have made in these proceedings.The wife’s credibility The mother was a poor witness. Her answers were frequently non-responsive and self-serving. Most significantly, however, I am satisfied she gave deliberately false evidence to the Court in respect to the sale of two motor vehicles that had been constructed by the husband from parts taken from motor vehicles previously owned by his father and also from motor vehicles and parts acquired by the husband. Because of the impact that the wife’s false testimony has had on my assessment of her credibility, it is convenient to deal with that issue at this point of my reasons. The evidence of the second respondent in respect to her acquisition of the motor vehicles is set out at paragraphs 78–87 of her affidavit, as follows:[…] [the husband’s father] collected [motor vehicles] and when I met him in or about 1956, he had a [motor vehicle]. He restored several other [motor vehicles] during our marriage. It was from this that [Mr Jepson] developed his interest in [motor vehicles] and over the years he purchased around 8 [vehicles].[Mr Jepson’s] interest in [motor vehicles] was very much influenced by [his father]. I cannot remember the exact date, but I remember that [Mr Jepson] told me sometime after [his father] passed away, “I purchased two [motor vehicles], they are in pretty bad nick, but I think with the parts from Dad’s old [vehicles], I can restore them a bit”. This made me happy that my husband’s passion had passed to my son.[Mr Jepson] then purchased old [parts] and difficult to obtain […] parts: he used […] engines and many parts from [his father’s] collection to restore these two [motor vehicles] along with the assistance of [Mr AS]. As [Mr Jepson] used a lot of the parts from [his father’s] old [motor vehicles], we considered that the [vehicles] were a family asset, and [Mr Jepson] and I had a 50% share in them.When the [motor vehicles] were restored, [Mr Jepson] did not register them to be roadworthy as they were more sentimental and collectibles than anything.In […] 2013, [Mr Jepson] wanted to sell me his share of the [motor vehicles]. We agreed to sell the [vehicles] at $100,000 each as we believed this to be the value of them at the time. I did not pay him any money but instead, [Mr Jepson] told me, “the [motor vehicles] will be security for the money I owe you.” … [Paragraphs 83–85 omitted]I do not believe that [Ms Jepson] sold the [motor vehicles]. This is because the [vehicles] are not so much vehicles as they are collectibles; their value is informed by the proper registration and historical documentation. The [motor vehicles] are in my name and are now noted by [AT Group] as stolen worldwide; I deny that any purchaser who knows anything about the [motor vehicles] would want to purchase them.After we discovered that the [motor vehicles] were stolen, [Mr Jepson] told me “I told [Mr AS] about the [motor vehicles]. He was shocked at how low they sold for”. [Mr AS] is a world-renowned expert on [this brand of motor vehicle] and he knew my [vehicles] very well because he previously helped [Mr Jepson] with their restoration as deposed above.