JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: KOZAK (Deceased) and KOZAK [2020] FCWA 161
CORAM: TYSON J
HEARD: 24 JANUARY 2019, 8 AUGUST 2019, 28 APRIL 2020 and MINUTES FILED 24 AUGUST 2020 and 31 AUGUST 2020
DELIVERED : 21 SEPTEMBER 2020
FILE NO/S: PTW 5350 of 2016
BETWEEN: MS MORRISON (as the Legal Personal Representative of) MS KOZAK (Deceased)
Applicant
AND
MR KOZAK
Respondent
Catchwords:
FAMILY LAW – Where after the trial and publication of reasons and prior to the pronouncement of orders the wife died – Leave to re-open granted following the wife’s death and orders for substitution of the legal personal representative – Where the wife received an insurance payment prior to her death, which she had not banked or disclosed – Where the wife’s insurance payment only came to light after her death, upon disclosure by the legal personal representative – Where the husband seeks the insurance payment be included in the asset pool for division and other changes following the trial – Where the wife’s terminal illness resulted in the insurance payment - Where it is agreed and the court finds it is appropriate to make an order in respect to property following the wife’s death –– Where the court adopts a multiple pool approach – Assessment of contributions – Assessment of s 75(2) factors – Case turns on its own facts
Legislation:
Family Law Act 1975 (Cth)
Category: Not Reportable
Representation:
Counsel:
| Applicant | : | Mr Dowding SC |
| Respondent | : | Mr Hedges SC |
Solicitors:
| Applicant | : | Frichot and Frichot |
| Respondent | : | Warner Legal |
Case(s) referred to in decision(s):
Anson & Meek (2017) FLC 93-816
C and T [2002] FamCA 196
Calvin & McTier (2017) FLC 93-785
Dickons & Dickons (2012) 50 Fam LR 244
Froth & Froth [2007] FamCA 1608
Holland & Holland (2017) FLC 93-798
Lenehan & Lenehan (1987) FLC 91-814
Menzies and Evans and Evans (1988) FLC 91-969
Miller & Miller [2009] FamCAFC 121
Norbis v Norbis (1986) 161 CLR 513
Norman & Norman [2010] FamCAFC 66
Re Parrott v Public Trustee of NSW (1994) FLC 92-473
Sinclair & Sinclair [2012] FamCA 388
Stanford v Stanford (2012) 247 CLR 108
Tasmanian Trustees Limited and Gleeson (1990) FLC 92-156
Vokic & Vlass [2012] FamCA 56
Yates & Yates [2012] FamCAFC 138
Yeates (as executor for Mr Yeates) & Yeates [2013] FCWA 117
Zaruba & Zaruba (2017) FLC 93-776
Zyk and Zyk (1995) FLC 92-644
TYSON J:
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT – PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
IT IS NOTED that publication of this judgment by this Court under the pseudonym Kozak & Kozak has been approved by the Family Court of Western Australia pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
1[Ms Kozak] [(“the wife”)] and [Mr Kozak] [(“the husband”)] separated in 2015, after a 19 year relationship. The parties were unable to agree how to divide their property, which proceeded to…
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- Case
- [2020] FCWA 161
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