Langer & Langer

Case [2021] FedCFamC2F 40


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)

Langer & Langer [2021] FedCFamC2F 40

File number(s): ADC 3482 of 2020
Judgment of: JUDGE BROWN
Date of judgment: 16 September 2021
Catchwords: FAMILY LAW – property proceedings – binding financial agreement – where husband seeks for the binding financial agreement to be set aside – where the wife seeks for the application to be summarily dismissed – issue of whether the agreement is binding – relationship of approximately ten years – where parties entered into a joint venture in relation to the development and construction of real property – where husband asserts he was under duress when entering into the binding financial agreement due to his mental ill health – where wife asserts there was no duress, undue influence or unconscionability  - whether binding financial agreement is valid, enforceable and effective.
Legislation:

Family Law Act 1975 (Cth) Pt VIIIA, ss 45A, 71A, 90C, 90DA, 90G, 90K, 90KA
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 143
Federal Circuit Court of Australia Act 1999 (Cth) s 17A.
Federal Court Act 1976 (Cth) s 31A

Explanatory Memorandum, Family Law Amendment (Family Violence and other Measures) Bill 2018.

Cases cited: Australian Securities and Investment Commission v Cassimatis (2013) 220 FCR 256
Codelfa Construction Pty Ltd v State Rail Authority of NSW (1979) 149 CLR 337
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447
Dey v Victorian Railway Commissioners (1949) 78 CLR 62.
Garvey & Jess (2016) 55 Fam LR 360
Hoult & Hoult (2011) 48 Fam LR 475
In the Marriage of La Rocca (1991) 14 Fam LR 715
Lindon v Commonwealth of Australia (No 2) (1996) 136 ALR 251
McKellar v Container Terminal Manager Services Limited (1999) 165 ALR 409
Przbylowski v Australian Human Rights Commission (No 2) [2018] FCA 473
Ritter & Ritter and Anor [2020] FamCAFC 86
Riva NSW Ltd v Official Trustee in Bankruptcy [2017] FCA 188
Sanger & Sanger (2011) 46 Fam LR 275
Spencer v Commonwealth of Australia (2010) 241 CLR 118
Stativa & Stativa [2015] FamCAFC 170
Thorne v Kennedy (2017) 263 CLR 85
Webster v Lampard (1993) 177 CLR 598
Division: Division 2 Family Law
Number of paragraphs: 256
Date of hearing: 8 April 2021
Place: Adelaide
Solicitor for the Applicant: Jennifer M Bradley
Counsel for the Applicant: Mr McGinn
Solicitor for the Respondent: Donlan Lawyers
Counsel for the Respondent: Mr Praolini

ORDERS

ADC 3482 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS LANGER

Applicant

AND:

MR LANGER

Respondent

ORDER MADE BY:

JUDGE BROWN

DATE OF ORDER:

16 SEPTEMBER 2021

THE COURT ORDERS THAT:

1.The matter be listed for hearing on 31 March and 1 April 2022 at 10:00 am NOTING that a two day hearing has been allocated and is not to be exceeded without leave of the Court.

2.The hearing is confined to a determination of whether there is any factor that arises pursuant to section 90K of the Family Law…

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AGLC
Langer & Langer [2021] FedCFamC2F 40
Case
[2021] FedCFamC2F 40
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the applicant, Ms Langer, sought to enforce a binding financial agreement made with her former husband, Mr Langer. The agreement was made in the context of their joint venture in property development and construction, and Ms Langer sought to enforce the financial terms outlined in the agreement. Mr Langer, on the other hand, sought to have the agreement set aside, claiming that he had entered into the agreement under duress due to his mental health issues at the time. Ms Langer argued that there was no duress, undue influence, or unconscionability and that the agreement should be upheld.

The court was required to determine whether there were any factors that would render the binding financial agreement set aside, in accordance with section 90K of the Family Law Act 1975 (Cth). The court found that there were sufficient grounds for a two-day hearing to be held to determine whether there were any factors that would render the agreement set aside. The court also directed that the parties file any further affidavit material in respect of the hearing by a specified date.

The court found that the matter should be listed for a two-day hearing to determine whether there were any factors that would render the binding financial agreement set aside. The court found that the applicant had satisfied the threshold requirements for a two-day hearing, and that the respondent had not raised any substantial question of law that would warrant a shorter hearing. The court also noted that any extension of the hearing time would require leave of the court.

The court ordered that the matter be listed for hearing on 31 March and 1 April 2022 at 10:00 am, and that the hearing be confined to a determination of whether there is any factor that arises pursuant to section 90K of the Family Law Act 1975 (Cth), which renders the binding financial agreement being set aside. The court also ordered that the matter be listed for Directions on 30 November 2021 at 9:30 am where the parties will be directed to file any further affidavit material in respect of the hearing.

Orders

Orders of the court

ADC 3482 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS LANGER

Applicant

AND:

MR LANGER

Respondent

ORDER MADE BY:

JUDGE BROWN

DATE OF ORDER:

16 SEPTEMBER 2021

THE COURT ORDERS THAT:

1. The matter be listed for hearing on 31 March and 1 April 2022 at 10:00 am NOTING that a two day hearing has been allocated and is not to be exceeded without leave of the Court.

2. The hearing is confined to a determination of whether there is any factor that arises pursuant to section 90K of the Family Law Act 1975 (Cth), which renders the binding financial agreement being set aside.

3. The matter be listed for Directions on 30 November 2021 at 9:30 am where the parties will be directed to file any further affidavit material in respect of the hearing.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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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