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 |
| 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
Pursuant to s 79 Family Law Act, an order be made altering the properties of the parties in terms of paragraphs 2 – 5.
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.
Contemporaneously with the transfers referred to in paragraph 2, the wife pay to the husband the sum of $25,534.00.
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.
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.
Either party be at liberty to apply on seven (7) days notice for any further orders relating to the implementation of these orders.
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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CaseChat Overview and Summary
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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