Lane & Wharton

Case [2010] FamCA 18


FAMILY COURT OF AUSTRALIA

LANE & WHARTON [2010] FamCA 18
FAMILY LAW - PROPERTY - alteration of property interests - short marriage - asset by asset versus global approach
Family Law Act 1975 (Cth) ss 75(2), 79(4)(d) – (g)

Brown & Green (1999) FLC 92-873
Busby (1988) FLC 91-919
Kennon (1997) FLC 92-757
W & W (unreported, Full Court of the Family Court of Australia, Baker, Lindenmayer and Smithers JJ, 28 January 1997)
P & P [2002] FamCA 1006
GBT & BJT [2005] Fam CA 683
Farmer and Bramley (2002) FLC 93-060
Collins (1990) FLC 92-149
Norbis and Norbis (1984) FLC 91-543
Lenehan and Lenehan (1987) FLC 91-814
McMahon (1995) FLC 92-606
Chorn & Hopkins (2004) FLC 93-204
Omacini (2005) FLC 93-218
Farnell (1996) FLC 92-681
Kowaliw (1981) FLC 91-902

APPLICANT: Ms Lane
RESPONDENT: Mr Wharton
FILE NUMBER: SYC 4294 of 2007
DATE DELIVERED: 21 January 2010
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Watts J
HEARING DATE: 14 - 17 December 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Lloyd, senior counsel
SOLICITOR FOR THE APPLICANT: Gayle Meredith & Associates
COUNSEL FOR THE RESPONDENT: Mr Miller, QC
SOLICITOR FOR THE RESPONDENT: Lloyd & Lloyd

Orders

  1. Pursuant to s 79 Family Law Act, an order be made altering the properties of the parties in terms of paragraphs 2 – 5.

  2. Within 28 days the husband transfer all his right, title and interest in the following parcels of real estate to the wife:

    2.1.The apartment known as and situated at Sydney New South Wales.

    2.2.The premises known as and situated at P1, United States of America.

    2.3.The premises known as and situated at P2, United States of America.

  3. Contemporaneously with the transfers referred to in paragraph 2, the wife pay to the husband the sum of $25,534.00.

  4. Subject to any other paragraph, each party be declared to have sole right, title and interest in any asset to which they are entitled, as designated in the table at paragraph 260 in the Reasons for Judgment which sets out the distribution of assets and each party shall do all things and sign all necessary documents to transfer to the other any interest in assets to which they have no entitlement in accordance with that table. 

  5. Each party shall have sole liability for any liability designated to them in the table at paragraph 260 in the Reasons for Judgment and will indemnify the other party in respect of any such liability. 

  6. Either party be at liberty to apply on seven (7) days notice for any further orders relating to the implementation of these orders. 

  7. In the event that either party refuses or neglects to sign any document required for the purposes of these orders the Registrars of this Court are appointed pursuant to s 106A of the Act to sign any such document in the name of such party and to do all things necessary to give validity to the operation of the said document. 

IT IS NOTED that publication of this judgment…

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Lane & Wharton [2010] FamCA 18
Case
[2010] FamCA 18
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CaseChat Overview and Summary

In the matter of *Lane & Wharton*, Watts J of the Family Court of Australia was required to determine an application for property adjustment between the parties pursuant to section 79 of the *Family Law Act 1975* (Cth). The dispute concerned the division of various assets and liabilities held by the husband and wife.

The central legal issues before the Court were the appropriate method for altering the property interests of the parties and the specific distribution of real estate and other assets, as well as the allocation of liabilities. The Court was tasked with making orders that would achieve a just and equitable outcome in the division of the matrimonial property.

Watts J applied the principles of section 79 of the *Family Law Act 1975* (Cth) to determine the property settlement. The Court ordered the husband to transfer his right, title, and interest in three parcels of real estate, located in Sydney and the United States, to the wife. Contemporaneously, the wife was ordered to pay the husband a sum of $25,534.00. The Court further declared that each party would have sole right, title, and interest in assets designated in a table within the reasons for judgment, and each party would bear sole liability for liabilities similarly designated, with a mutual indemnity for any liabilities of the other. The Court also made provision for the appointment of Registrars to execute documents if a party refused or neglected to do so, to ensure the validity and operation of the orders.

Orders

Orders of the court

1.

Pursuant to s 79 Family Law Act, an order be made altering the properties of the parties in terms of paragraphs 2 – 5.

2.

Within 28 days the husband transfer all his right, title and interest in the following parcels of real estate to the wife:

2.1. The apartment known as and situated at Sydney New South Wales.

2.2. The premises known as and situated at P1, United States of America.

2.3. The premises known as and situated at P2, United States of America.

3.

Contemporaneously with the transfers referred to in paragraph 2, the wife pay to the husband the sum of $25,534.00.

4.

Subject to any other paragraph, each party be declared to have sole right, title and interest in any asset to which they are entitled, as designated in the table at paragraph 260 in the Reasons for Judgment which sets out the distribution of assets and each party shall do all things and sign all necessary documents to transfer to the other any interest in assets to which they have no entitlement in accordance with that table.

5.

Each party shall have sole liability for any liability designated to them in the table at paragraph 260 in the Reasons for Judgment and will indemnify the other party in respect of any such liability.

6.

Either party be at liberty to apply on seven (7) days notice for any further orders relating to the implementation of these orders.

7.

In the event that either party refuses or neglects to sign any document required for the purposes of these orders the Registrars of this Court are appointed pursuant to s 106A of the Act to sign any such document in the name of such party and to do all things necessary to give validity to the operation of the said document.

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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