JONES & JONES

Case [2015] FCCA 2121


FEDERAL CIRCUIT COURT OF AUSTRALIA

JONES & JONES [2015] FCCA 2121
Catchwords:
FAMILY LAW – Property – long marriage – long period of separation – add backs – liabilities – contributions.

Legislation:

Family Law Act 1975 (Cth), ss.75, 79, 80, 90SF

Stanford & Stanford (2012) 247 CLR 108
NHC & RCH (2004) FLC 93-204
C & C [1998] FamCA 143
Gollings & Scott [2007] FLC 93-319
Bevan & Bevan (2013) FLC 93-545
Vass & Vass [2015] FamCAFC 51
Eldred & Eldred [2015] FamCA 61
Watson & Ling [2013] FLC 93-527
Bangi & Belov [2014] FamCA 8
Bateman & Bowe [2013] FamCA 253
Todd & Todd [2014] FamCA 101
Kowaliw & Kowaliw (1981) FLC 91-092
Biltoft & Biltoft (1995) FLC 92-614
Norbis & Norbis (1986) 161 CLR 513
Z & Z (2005) FLC 93-241
Bolger & Headon (2014) FLC 93-575
Dickons & Dickons [2012] FamCAFC 154
Pierce & Pierce [1999] FLC 92-844
Clives & Clives [2008] FLC 93-385
Waters & Jurek (1995) FLC 92-635
Clauson and Clauson (1995) FLC 92-595
Lippman & Lippman (2010) FLC 93-349
Antmann & Antmann (1980) FLC 90-908
Merritt & Merritt [2009] FamCAFC 154
Williams & Williams [2007] FamCA 313
Applicant: MS JONES
Respondent: MR JONES
File Number: HBC 1097 of 2007
Judgment of: Judge Baker
Hearing dates:

11, 12, 13 and 14 March 2014 and

23 and 24 April 2015 and 16 June 2015

Date of Last Submission: 16 June 2015
Delivered at: Hobart
Delivered on: 7 August 2015

REPRESENTATION

Counsel for the Applicant: Mr Foster
Solicitors for the Applicant: Murdoch Clarke
Counsel for the Respondent: Mr Ayliffe, SC
Solicitors for the Respondent: Munro & Associates
Counsel for the Independent Children's Lawyer: Mr P Fitzgerald
Solicitors for the Independent Children's Lawyer: Legal Aid Commission of Tasmania

ORDERS

  1. The husband relinquish any right title or interest he may have in the following property to the intent that the wife shall be the sole and absolute owner thereof:

    (a)The Property G property at Property G;

    (b)Property L property at Property L comprised in Certificate of Title number Volume (omitted) Folio (omitted);

    (c)Any rental monies accrued on the Property L property;

    (d)The Nissan Pathfinder motor vehicle;

    (e)The furniture and effects in the wife’s current possession;

    (f)The gold holdings in her possession;

    (g)The wife’s savings of $4,000.

  2. Within 60 days the husband remove the caveat over the Property L property at his own cost.

  3. Within 60 days the wife transfer to the husband all her right title and interest in the Property B property namely Property B comprised in Certificates of Title Volume (omitted) Folio (omitted); Volume (omitted) Folio (omitted) and Volume (omitted) Folio (omitted).

  4. The wife relinquish any right title or interest she may have in the following property to the intent that the husband shall be the sole and absolute owner thereof:

    (a)The plant and equipment in the husband’s possession;

    (b)The Mitsubishi and the Toyota motor vehicles in the husband’s possession;

    (c)The shares in the husband’s name;

    (d)The gold holdings at the (omitted);

    (e)The gold held in the…

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AGLC
Jones and Jones [2015] FCCA 2121
Case
[2015] FCCA 2121
Decision Date

CaseChat Overview and Summary

In the matter of JONES & JONES, Judge Baker considered a dispute between a husband and wife concerning the division of their property. The proceedings involved the allocation of various assets, including real estate, vehicles, financial holdings, and personal effects, as well as the resolution of associated liabilities.

The court was required to determine how the parties' accumulated property should be divided between them. This involved assessing the respective interests of the husband and wife in a range of assets, including multiple properties, vehicles, plant and equipment, shares, and gold holdings. The court also had to address the allocation of accrued rental monies and existing savings, and determine responsibility for liabilities and ongoing outgoings associated with the properties.

Judge Baker ordered the husband to relinquish his interest in several assets to the wife, including Property G, Property L, rental monies from Property L, a Nissan Pathfinder, furniture and effects in the wife's possession, and her savings of $4,000. The husband was also ordered to remove a caveat over Property L at his own cost. Conversely, the wife was ordered to transfer her interest in Property B to the husband and relinquish her interest in the plant and equipment, two motor vehicles, shares, and gold holdings in the husband's possession or control. Additionally, the husband was ordered to make a cash payment of $369,111 to the wife. Each party was to bear their own liabilities, including taxation, and retain funds in their respective bank accounts, being responsible for debts and outgoings on the properties they retained.

Orders

Orders of the court

1.

The husband relinquish any right title or interest he may have in the following property to the intent that the wife shall be the sole and absolute owner thereof:

(a) The Property G property at Property G;

(b) Property L property at Property L comprised in Certificate of Title number Volume (omitted) Folio (omitted);

(c) Any rental monies accrued on the Property L property;

(d) The Nissan Pathfinder motor vehicle;

(e) The furniture and effects in the wife’s current possession;

(f) The gold holdings in her possession;

(g) The wife’s savings of $4,000.

2.

Within 60 days the husband remove the caveat over the Property L property at his own cost.

3.

Within 60 days the wife transfer to the husband all her right title and interest in the Property B property namely Property B comprised in Certificates of Title Volume (omitted) Folio (omitted); Volume (omitted) Folio (omitted) and Volume (omitted) Folio (omitted).

4.

The wife relinquish any right title or interest she may have in the following property to the intent that the husband shall be the sole and absolute owner thereof:

(a) The plant and equipment in the husband’s possession;

(b) The Mitsubishi and the Toyota motor vehicles in the husband’s possession;

(c) The shares in the husband’s name;

(d) The gold holdings at the (omitted);

(e) The gold held in the Melbourne safety deposit box.

5.

Within 60 days the husband pay the wife a cash payment of $369,111.

6.

Each party shall be responsible to pay their own liabilities including any taxation liabilities.

7.

Each party shall otherwise retain any funds he or she may have in any bank accounts and be liable for any debts or outgoings on the properties that they retain.

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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