Jeter and Jeter - [2018] FamCA 938

FAMILY COURT OF AUSTRALIA

JETER & JETER

[2018] FamCA 938

FAMILY LAW – PROPERTY – Property adjustment – Where parties separated 18 years before trial – Where consideration of applicable principles – Where wife remained in occupation of home for many years – Where appropriate to make property orders.

Family Law Act 1975 (Cth) ss 75, 79

Bevan & Bevan [2014] FamCAFC 19
Chapman & Chapman [2014] FamCAFC 91
Dickons & Dickons [2012] FamCAFC 154
Kessey and Kessey (1994) FLC 92-495
Pandelis & Pandelis [2018] FamCAFC 66
Russell & Russell (1999) FLC 92-877
Scott & Danton [2014] FamCAFC 203
Stanford v Stanford [2012] HCA 52
Teal & Teal [2010] FamCAFC 120

APPLICANT:

Mr Jeter

RESPONDENT:

Ms Jeter

FILE NUMBER:

PAC

6007

2016

DATE DELIVERED:

16 November 2018

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Foster J

HEARING DATE:

17 October 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Jackson

SOLICITOR FOR THE APPLICANT:

Michael Vassili Barristers & Solicitors

COUNSEL FOR THE RESPONDENT:

Mr Harper

SOLICITOR FOR THE RESPONDENT:

Warren & Warren Solicitors

Orders

That within three months from the date of these orders the wife pay to the husband the sum of $540,000.00.
In consideration of such payment the husband do all things necessary to transfer to the wife his interest in the home at B Street, Suburb C, NSW being the land comprised in Folio Identifier … and that concurrently with such transfer the wife procure a discharge of any mortgage encumbrance presently secured over the said property so as to release the husband from any liability thereof.
In default of the wife complying with Order (1) above, the parties do all things necessary to sell the property at Suburb C for the best price reasonably obtainable and after selling expenses and legal costs on sale divide the net proceeds of sale as to 60 per cent to the wife and 40 per cent to the husband.
Liberty to apply as to implementation or enforcement of these orders.
That any application for costs be made by way of written submissions filed and served within one month from this date with any submissions in response to be filed and served within a further 14 days and thereafter judgment reserved to chambers.

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 Jeter & Jeter 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 PARRAMATTA

FILE NUMBER: PAC 6007 of 2016

Mr Jeter

Applicant

And

Ms Jeter

Respondent

REASONS FOR JUDGMENT

The matter for determination is…

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 Jeter and Jeter

Details

AGLC: Jeter and Jeter [2018] FamCA 938
Case: [2018] FamCA 938
Decision Date: 16 November 2018

CaseChat Overview and Summary

In the matter of *Jeter and Jeter*, Foster J of the Family Court of Australia was required to determine the financial and property settlement between the parties following their separation. The dispute concerned the division of assets, specifically the matrimonial home and the financial contributions and liabilities associated with it.

The central legal issues before the court were the appropriate valuation and division of the parties' interests in the matrimonial home, and the equitable distribution of financial resources to achieve a just and final settlement. This involved considering the respective financial positions of the parties and making orders that would facilitate the transfer of property or, in the alternative, the sale of the property and division of proceeds.

Foster J ordered that the wife pay the husband a sum of $540,000 within three months. In return, the husband was to transfer his interest in the matrimonial home located at B Street, Suburb C, NSW, to the wife. Concurrently, the wife was to procure the discharge of any mortgage or encumbrance on the property, thereby releasing the husband from any liability. The court further ordered that should the wife fail to comply with the payment order, the parties were to sell the Suburb C property, with the net proceeds to be divided 60 per cent to the wife and 40 per cent to the husband after deducting selling expenses and legal costs. Liberty to apply was granted for implementation or enforcement, and a process for written submissions regarding costs was established.

Orders

Orders of the court

That within three months from the date of these orders the wife pay to the husband the sum of $540,000.00.

In consideration of such payment the husband do all things necessary to transfer to the wife his interest in the home at B Street, Suburb C, NSW being the land comprised in Folio Identifier … and that concurrently with such transfer the wife procure a discharge of any mortgage encumbrance presently secured over the said property so as to release the husband from any liability thereof.

In default of the wife complying with Order (1) above, the parties do all things necessary to sell the property at Suburb C for the best price reasonably obtainable and after selling expenses and legal costs on sale divide the net proceeds of sale as to 60 per cent to the wife and 40 per cent to the husband.

Liberty to apply as to implementation or enforcement of these orders.

That any application for costs be made by way of written submissions filed and served within one month from this date with any submissions in response to be filed and served within a further 14 days and thereafter judgment reserved to chambers.

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

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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