FEDERAL CIRCUIT COURT OF AUSTRALIA
| LACEY & LACEY (No.3) | [2018] FCCA 1551 |
| Catchwords: FAMILY LAW – Property – 37 year marriage with five children – pool of $10m – where throughout their relationship the parties devoted their efforts to improving and conserving property owned by a company set up by the husband’s parents – where the husband was gifted 25% of the shares in the company prior to the parties marriage and ultimately received his parents’ shares by way of inheritance – where the husband proposed that his contributions by way of gift and inheritance be elevated in importance to the point where the wife would receive only 17.5% of the pool – where this is not just and equitable – where the wife sought 43% of the pool but where this involved a 3% adjustment largely for costs which is not permissible – where a 40/60 assessment of contributions is just and equitable – where there are no s.75(2) matters requiring any further adjustment. |
| Legislation: Family Law Act 1975 (Cth), ss.75, 79 |
| Cases cited: Ascot Investments Pty Ltd v Harper (1981) 148 CLR 337 Norbis & Norbis (1986) FLC 91-712 Vass & Vass (2015) 53 FamLR 373 |
| Applicant: | MS LACEY |
| Respondent: | MR LACEY |
| File Number: | NCC 1128 of 2011 |
| Judgment of: | Judge Terry |
| Hearing dates: | 20, 21 and 22 March 2017 |
| Date of Last Submission: | 19 June 2017 |
| Delivered at: | Newcastle |
| Delivered on: | 5 October 2018 |
REPRESENTATION
| Counsel for the Applicant: | Mr Boyd |
| Solicitors for the Applicant: | Bell & Johnson Solicitors |
| Counsel for the Respondent: | Mr Murr and Mr Heazlewood |
| Solicitors for the Respondent: | Palmers Solicitors |
ORDERS
By no later than 4.00pm on 5 February 2019 the husband shall pay to the solicitors for the wife or alternatively do all acts and things and sign all documents to cause Company A Pty Ltd to pay to the solicitors for the wife the sum of $2,980,639.28.
Upon this order being carried into effect each party is declared the owner to the exclusion of the other of all property and superannuation in the possession of or standing in the name of the other party.
IT IS NOTED that publication of this judgment under the pseudonym Lacey & Lacey (No.3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT NEWCASTLE |
NCC 1128 of 2011
| MS LACEY |
Applicant
And
| MR LACEY |
Respondent
REASONS FOR JUDGMENT
Introduction
These are property settlement proceedings arising out of 37…
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- AGLC
- Lacey and Lacey (No.3) [2018] FCCA 1551
- Case
- [2018] FCCA 1551
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate orders for the division of the parties' property, specifically addressing the payment of a substantial sum by the husband to the wife and the consequent exclusive ownership of remaining assets.
Judge Terry ordered that the husband pay $2,980,639.28 to the wife's solicitors by 4.00pm on 5 February 2019, or alternatively, ensure that Company A Pty Ltd made this payment. Upon compliance with this order, each party was declared the sole owner of all property and superannuation standing in their respective names or in their possession, to the exclusion of the other.
Orders
Orders of the court
1.
By no later than 4.00pm on 5 February 2019 the husband shall pay to the solicitors for the wife or alternatively do all acts and things and sign all documents to cause Company A Pty Ltd to pay to the solicitors for the wife the sum of $2,980,639.28.
2.
Upon this order being carried into effect each party is declared the owner to the exclusion of the other of all property and superannuation in the possession of or standing in the name of the other party.
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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