JILLETT & JILLETT

[2019] FamCA 48

FAMILY COURT OF AUSTRALIA

JILLETT & JILLETT [2019] FamCA 48

FAMILY LAW – PRACTICE AND PROCEDURE – Slip Rule Application – Where error as to value attributed to one asset – Where consequent mathematical error in final order as to cash adjustment payable to wife – Where appropriate to amend orders and reasons for judgment accordingly.

Family Law Rules 2004 (Cth) r 17.02, 17.02A

Dewell and Harris and Anor [2019] FamCA 10
Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 133 ALR 206
Gludau & Gludau (No. 2) (2013) FLC 93-562
Jillett & Jillett [2018] FamCA 913
Medlow & Medlow (No 2) [2016] FamCAFC 63
Vadisanis [2015] FamCAFC 180

APPLICANT: Ms Jillett

RESPONDENT: Mr Jillett

FILE NUMBER: DUC 356 of 2015

DATE DELIVERED: 8 February 2019

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 14 December 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Wong

SOLICITOR FOR THE APPLICANT: Campbell Paton & Taylor

COUNSEL FOR THE RESPONDENT: Ms Barnett

SOLICITOR FOR THE RESPONDENT: Farrar Gesini Dunn

Orders

1. That Order (1) made on 9 November 2018 be amended to provide that the husband pay to the wife the sum of $658,837.50 within three months from the date of these orders.

2. That reasons for judgment dated 9 November 2018 and the mathematical calculations therein be amended to reflect the above order and these Reasons for Judgment.

3. That any further or other submission as to costs and the costs of the Single Expert be filed and served within 14 days and thereafter judgment as to those issues be 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 Jillett & Jillett 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: DUC 356 of 2015

Ms Jillett

Applicant

And

Mr Jillett

Respondent

REASONS FOR JUDGMENT

1. On 9 November 2018 the Court delivered reasons for judgment and orders in this matter as to property settlement: Jillett & Jillett [2018] FamCA 913.

2. Orders were made as follows:

   (1)That the husband pay to the wife the sum of $321,337.50 within three months from the date of these orders.

   (2)That a base amount of $140,000.00 is allocated to the wife out of the husband’s interest in the B Super (“the fund”) Member No ...

   (3)That in accordance with section 90MT(1)(a) of the Family Law Act 1975:

   (a)The wife is entitled to be paid the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001 using the base…