Kemp & Wilkinson

[2015] FCCA 1621

FEDERAL CIRCUIT COURT OF AUSTRALIA

KEMP & WILKINSON [2015] FCCA 1621

Catchwords:
FAMILY LAW – Property – application for property settlement – just and equitable –  contributions by the parties – modest asset pool – short marriage – cohabitation of only 19 months – one child of the marriage – adjustment for matters under Family Law Act 1975 (Cth) s.75(2) – where child primarily resides with wife.

FAMILY LAW – Children – where applicant seeks referral to child dispute conference – where parenting proceedings finalised by consent orders – no current parenting proceedings.

COSTS – Where applicant seeks discharge of previous costs order – no order sought in Application – where no appeal lodged – where no application made under Rule 16.05.

Legislation:
Family Law Act 1975 (Cth), ss.75, 79, 106A

Federal Circuit Court Rules 2001, r.16.05

Cases cited:
Hickey & Hickey [2003] FamCA 395; (2003) 30 Fam LR 35; FLC 93-143
Stanford v Stanford [2012] HCA 52; (2012) 47 Fam LR 481; FLC 93-518

Applicant: MR KEMP

Respondent: MS WILKINSON

File Number: SYC 7637 of 2012

Judgment of: Judge Scarlett

Hearing date: 21 October 2014

Date of Last Submission: 21 October 2014

Delivered at: Sydney

Delivered on: 17 June 2015

REPRESENTATION

Applicant: In person

Counsel for the Respondent: Mr Fermanis (direct brief)

ORDERS

1. Within three (3) months from the date of these Orders the Applicant husband must pay to the Respondent the sum of $45,352.42 by way of settlement of property.

2. Except as otherwise provided in these Orders:

   (a)Each party will be solely entitled to the exclusion of the other to all other property including real property and chattels of whatsoever nature and kind in the possession of such party as at the date of these Orders and that for this purpose bank accounts are deemed to be in the possession of the party whose name appears on the bank’s record thereof, insurance policies are deemed to be in the possession of the owner of the policy, superannuation entitlements are deemed to be in the possession of the person who is named as the worker whose age or working future provides the conditions for payment out of such entitlements; and

   (b)Each party is to be solely liable for and indemnify the other party against any debts or liabilities in their respective names.

3. All other Applications are dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Kemp & Wilkinson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7637 of 2012

MR KEMP

Applicant

And

MS WILKINSON

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application for property settlement by the husband. In his Amended Application, filed on 16 July 2013, the Applicant seeks orders that:

   17.    Notwithstanding anything elsewhere contained in these orders, the father and mother shall each respectively retain all interest and entitlement to:

   17.1  All personal property now in his/her respective ownership, possession or control;

   17.2  All shares, debentures,…