FAMILY COURT OF AUSTRALIA
| KAIMAL & KAIMAL | [2020] FamCA 971 |
| FAMILY LAW – PROPERTY – binding financial agreement – where the wife seeks to either declare not binding or set aside a financial agreement between the parties – whether the wife was provided with legal advice pursuant to s 90G(1)(b) of the Family Law Act – whether it would be unjust and inequitable if the financial agreement was declared not binding on the parties – whether the financial agreement should be set aside on the basis of fraud pursuant to s 90K(1)(a) of the Act – whether the financial agreement is void for uncertainty pursuant to s 90K(1)(b) of the Act – whether the financial agreement should be set aside on the basis of unconscionable conduct pursuant to s 90K(1)(e) of the Act – wife not provided with necessary legal advice – financial agreement void for uncertainty – financial agreement not valid. |
| Family Law Act 1975 (Cth) s 90G and s 90K |
| Abrum & Abrum [2013] FamCA 897 Hoult & Hoult [2013] FamCAFC 109, (2013) 50 Fam LR 260, (2013) FLC 93-546 |
| APPLICANT: | Ms Kaimal |
| RESPONDENT: | Mr Kaimal |
| FILE NUMBER: | SYC | 602 | of | 2020 |
| DATE DELIVERED: | 20 November 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Hobart |
| JUDGMENT OF: | Chief Justice Alstergren |
| HEARING DATE: | 12 and 18 August 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Dr Barnett |
| SOLICITOR FOR THE APPLICANT: | The Norton Law Group |
| COUNSEL FOR THE RESPONDENT: | Not Applicable |
| SOLICITOR FOR THE RESPONDENT: | QV Law |
Orders
IT IS DECLARED THAT the financial agreement signed by the husband and the wife on 30 July 2018 is not binding within the meaning of s 90G of the Family Law Act 1975 (Cth).
The parties file any affidavit evidence and an outline of submissions in relation to costs by 4.00pm on Friday 27 November 2020.
The issue of costs be determined on the papers without the need for oral hearing.
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 Kaimal & Kaimal 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…
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- Kaimal & Kaimal [2020] FamCA 971
- Case
- [2020] FamCA 971
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CaseChat Overview and Summary
The central legal issue before the Court was whether the financial agreement met the stringent requirements for validity stipulated by section 90G of the *Family Law Act 1975* (Cth). Specifically, the Court had to consider whether the agreement was properly executed and if the parties had received the necessary independent legal advice prior to signing.
The Court declared that the financial agreement was not binding within the meaning of section 90G of the *Family Law Act 1975* (Cth). While the specific reasoning for this declaration is not detailed in the provided text, the outcome indicates that at least one of the statutory requirements for a binding financial agreement was not satisfied. The Court then ordered the parties to file evidence and submissions regarding costs, with the issue of costs to be determined on the papers.
Orders
Orders of the court
1.
IT IS DECLARED THAT the financial agreement signed by the husband and the wife on 30 July 2018 is not binding within the meaning of s 90G of the Family Law Act 1975 (Cth).
2.
The parties file any affidavit evidence and an outline of submissions in relation to costs by 4.00pm on Friday 27 November 2020.
3.
The issue of costs be determined on the papers without the need for oral hearing.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
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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