FEDERAL MAGISTRATES COURT OF AUSTRALIA
| JUAREZ & JUAREZ (No.2) | [2009] FMCAfam 1188 |
| FAMILY LAW – Property and maintenance – 29 year marriage – 3 children over the age of 18 years at trial – net pool just under $3M – delay of 5 years between separation and trial – where husband made redundant following trial and before judgment – where value of shares and superannuation decreases following economic downturn – where parties given leave to reopen and adduce further evidence – where argument on add-backs – whether leave entitlements and retention bonus should be included in pool – how to treat payments made during marriage to husband’s mistress without knowledge and consent of wife – assessment of contributions – where wife seeks adjustment for her role being more onerous because of husband’s affair – where husband seeks adjustment for increasing net worth of parties post-separation – whether wife made contributions to redundancy payment – where argument over what adjustment should be made to wife under s.75(2) – where wife suffers poor health and ceased work on medical advice – where husband’s future employment prospects uncertain – where husband has 8 year old child, not of marriage, with special needs. Where husband’s leave entitlements and retention bonus included in net pool – where payments to mistress treated as add-back – where court found contributions overall to be equal – no Kennon adjustment in favour of wife – where wife was found to have contributed to redundancy, leave and retention payments – where no extra adjustment made for husband’s post-separation contributions – where wife received 10% adjustment under s.75 (2). |
| Family Law Act 1975 (Cth), ss.75, 79 |
| AJO v GRO (2005) FLC 93-218 Challen & Challen [2007] FamCA 1292 In the Marriage of Kowaliw (1981) FLC 91-092 Kennon & Kennon (1997) FLC 92-757 R v Industrial Commission (SA); Ex parte Adelaide Milk Supply Cooperative Ltd (1977) 44 SAIR 1202 Russell & Russell (1999) FLC 92-877 Phipson & Phipson [2009] FamCAFC 28 Clauson & Clauson (1995) FLC 92-595 |
| Applicant: | MS JUAREZ |
| Respondent: | MR JUAREZ |
| File Number: | BRC 11607 of 2007 |
| Judgment of: | Purdon-Sully FM |
| Hearing dates: | 21-22 August 2008, 27 April 2009 |
| Date of Last Submission: | 21 May 2009 |
| Delivered at: | Brisbane |
| Delivered on: | 13 November 2009 |
REPRESENTATION
| Counsel for the Applicant: | Mr Page SC |
| Solicitors for the Applicant: | Jones Mitchell Lawyers |
| Counsel for the Respondent: | Mr Thistleton |
| Solicitors for the Respondent: | Frazi Lawyers |
ORDERS
That within seven (7) days of today’s date the wife’s legal representatives prepare a Draft Minute of Orders reflecting the judgment.
IT IS NOTED that publication of this judgment under the pseudonym Juarez & Juarez (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT BRISBANE |
BRC 11607 of 2007
| MS JUAREZ |
Applicant
And
| MR JUAREZ |
Respondent
REASONS FOR JUDGMENT
Introduction
The husband and the wife, who were married for 29 years, are unable to agree on their property entitlements.
The husband had a successful career in the insurance…
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- AGLC
- JUAREZ & JUAREZ (No.2) [2009] FMCAfam 1188
- Case
- [2009] FMCAfam 1188
- Decision Date
CaseChat Overview and Summary
The court determined that leave entitlements and retention bonuses should be included in the net pool. Payments made to the husband’s mistress were treated as add-backs, and the court found that the overall contributions of both parties were equal, leading to no adjustment in favour of the wife. The wife was found to have contributed to the redundancy, leave, and retention payments, and no extra adjustment was made for the husband’s post-separation contributions. However, a 10% adjustment was made in favour of the wife under section 75(2) of the Family Law Act. The wife's health issues and the husband's uncertain future employment prospects, along with the presence of a child with special needs not from the marriage, were also considered in the court's decision.
The court ordered that within seven days of the date of the judgment, the wife's legal representatives prepare a Draft Minute of Orders reflecting the judgment. The court's decision addressed the complex issues presented, providing a fair and balanced outcome for both parties based on the evidence and circumstances of the case.
Orders
Orders of the court
1.
That within seven (7) days of today’s date the wife’s legal representatives prepare a Draft Minute of Orders reflecting the judgment.
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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