Kalnins & Vollis

[2023] FedCFamC2F 159

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Kalnins & Vollis [2023] FedCFamC2F 159

File number(s):

PAC 2389 of 2021

Judgment of:

JUDGE STREET

Date of judgment:

17 February 2023 

Catchwords:

 FAMILY LAW – PROPERTY – whether there was a de facto relationship – de facto relationship commenced 2007 and continued until December 2020 – property adjustment – just and equitable – orders for sale and division of relevant property

Legislation:

 Family Law Act 1975 (Cth) pt VIIIAB; ss 4AA, 44(6), 75(2), 90RD, 90RG, 90SB, 90SF, 90SF(3), 90SK, 90SM, 90SM(3), 90SM(4)(a)-(c)

Cases cited:

Estate of Gardner [2019] NSWSC 1324

Fairbairn & Radecki [2002] HCA 18

Fitzmaurice & Woolridge[2020] FamCAFC 64

Hickey and Hickey and Attorney-General (Cth) (Intervener) [2003] FamCA 395

Piras v Egan [2008] NSWCA 59

Radecki v Fairbairn [2020] FamCAFC 307

Stanford & Stanford (2012) 247 CLR 108

Division:

Division 2 Family Law

Number of paragraphs:

95

Date of last submissions:

9 December 2022

Date of hearing:

17 and 18 November 2022 

Place:

Parramatta

Counsel for the Applicant:

Ms S Abdelraheem

Solicitor for the Applicant:

Khalil Family Lawyers Pty Ltd

Counsel for the Respondent:

Mr L Reeves

Solicitor for the Respondent:

Phillip A Wilkins & Associates

ORDERS

PAC 2389 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS KALNINS

Applicant

AND:

MR VOLLIS

Respondent

order made by:	JUDGE STREET
DATE OF ORDER:	17 February 2023

THE COURT ORDERS THAT:

1.Pursuant to s 90RD of the Family Law Act 1975 (Cth), the Court declares that the Applicant and Respondent were in a de facto relationship from 2007 to December 2020.

2.Pursuant to s 90SM of the Family Law Act 1975 (Cth), the de facto husband forthwith take all necessary steps and execute all necessary documents to cause the property situated at B Street, Suburb C (“B Street, Suburb C property”) to be sold by private treaty at the earliest possible date at a price to be agreed on between the parties, and failing such agreement the price be determined by the proper officer of the Real Estate Institute or their nominee, and that the proceeds of the sale be disbursed as follows:

(a)Payment of agent’s commission, advertising expenses and legal expenses of the sale;

(b)Payment of any money due and owing to the mortgagee;

(c)The net balance to be divided between the parties as follows:

(i)63.5% to the de facto wife; and

(ii)36.5% to the de facto husband.

3.That in the event the B Street, Suburb C property fails to be sold by private treaty within a period of 3 months hereof, then each party take all necessary steps and execute all necessary documents to cause the said property to be sold by auction at the earliest possible date at a reserve to be agreed upon between the parties and failing such agreement to be determined by the proper officer of the Real Estate Institute or their nominee, and that the proceeds of the said sale be disbursed as follows:

(a)Payment of agent’s commission,…