Leptis & Leptis

Case [2025] FedCFamC2F 839


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Leptis & Leptis [2025] FedCFamC2F 839

File number(s): MLC 11916 of 2023
Judgment of: JUDGE HARLAND
Date of judgment: 20 June 2025
Catchwords: FAMILY LAW – Property only - weight to be given to various contributions - 29 year marriage - whether there should be an adjustment pursuant to s.75(2) - income earning disparity - wife seeking periodic spousal maintenance
Legislation: Family Law Act 1975 (Cth) Part VIII, ss. 74, 75, 75(2), 75(2)(o), 79(1), 79(2), 79(4)
Cases cited:

Chang & Su [2002] FamCA 156

Clauson & Clauson [1995] FamCA 10

Stanford v Stanford [2012] HCA 52

Division: Division 2 Family Law
Number of paragraphs: 95
Date of hearing: 20 and 21 March 2025
Place: Melbourne
Counsel for the Applicant Mr Ellis
Solicitor for the Applicant AFL Kordos Lawyers
Counsel for the Respondent Mr Fudim
Solicitor for the Respondent JosephDavid Lawyers

ORDERS

MLC 11916 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR LEPTIS
Applicant

AND:

MS LEPTIS
Respondent

ORDER MADE BY:

JUDGE HARLAND

DATE OF ORDER:

20 JUNE 2025

THE COURT ORDERS THAT:

Sale of Suburb C Property

1.The parties shall do all acts and things and sign all documents necessary so as to effect a sale of the real property situated and known as B Street, Suburb C (“Suburb C property”), for the best price reasonably obtainable in the following manner:

(a)List the Suburb C property for sale by private treaty or public auction as directed by an agent selected by the husband within 14 days of these Orders, based on the names of three licensed real estate agents to be proposed by the wife within 7 days hereof, the costs of and incidental to such appointment to be borne by the parties equally as and when they fall due;

(b)The Suburb C property be listed for sale at the price agreed by the parties in writing and failing agreement, at a price nominated by the agent, and as updated by the agent from time to time;

(c)The parties co-operate in every way with the agent including (without limiting the generality of the foregoing):

(i)Making the key available to the agent;

(ii)As to the wife, allowing inspection of the Suburb C property at all reasonable times requested by the agent;

(iii)Doing or saying nothing to hinder or prevent a sale being effected;

(iv)As to the wife, ensuring the Suburb C property including the grounds are in a neat and clean condition at the time of inspection by the agent and prospective purchasers;

(v)Signing all documents requested by the agents in relating to the listing for sale of the Suburb C property; and

(vi)Any other reasonable request by the agent to facilitate the best price for the Suburb C property.

(d)The parties execute a contract for sale in the form prepared by the conveyancers having the conduct of the sale at a price agreed upon by the parties, or in the absence of any agreement,…

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Leptis & Leptis [2025] FedCFamC2F 839
Case
[2025] FedCFamC2F 839
Decision Date

CaseChat Overview and Summary

The case of Leptis & Leptis was heard by Judge Harland in the Federal Circuit and Family Court of Australia, Division 2. The dispute between the parties, Mr. Leptis and Ms. Leptis, involved the division of property following a 29-year marriage. Ms. Leptis sought periodic spousal maintenance, and the court was required to determine the appropriate division of the matrimonial property and whether spousal maintenance should be awarded. The court examined the contributions made by each party, both financial and non-financial, and the disparity in their incomes.

Judge Harland assessed the contributions made by each party during the marriage, considering both the direct financial contributions and the non-financial contributions, such as homemaking and child-rearing. The court determined that Ms. Leptis's contributions, though not monetary, were substantial and warranted recognition. The court also considered the significant income disparity between the parties, which leaned in favor of Ms. Leptis receiving a more favorable property settlement. However, the court found that the disparity in income did not necessitate an award of spousal maintenance, as Ms. Leptis had sufficient assets to meet her needs post-separation.

In its orders, the court mandated the sale of the Suburb C property and detailed the process and division of proceeds. It also allocated a base amount from Mr. Leptis's superannuation fund to Ms. Leptis, ensuring she received a portion of his superannuation benefits. The court dismissed Ms. Leptis's application for spousal maintenance, concluding that she had adequate resources to support herself post-divorce. All other applications were also dismissed. The court's decision was aimed at achieving a fair and equitable division of the parties' assets, taking into account their respective contributions and financial situations.

Orders

Orders of the court

MLC 11916 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR LEPTIS

Applicant

AND:

MS LEPTIS

Respondent

ORDER MADE BY:

JUDGE HARLAND

DATE OF ORDER:

20 JUNE 2025

THE COURT ORDERS THAT:

Sale of Suburb C Property

1. The parties shall do all acts and things and sign all documents necessary so as to effect a sale of the real property situated and known as B Street, Suburb C (“Suburb C property”), for the best price reasonably obtainable in the following manner:

(a) List the Suburb C property for sale by private treaty or public auction as directed by an agent selected by the husband within 14 days of these Orders, based on the names of three licensed real estate agents to be proposed by the wife within 7 days hereof, the costs of and incidental to such appointment to be borne by the parties equally as and when they fall due;

(b) The Suburb C property be listed for sale at the price agreed by the parties in writing and failing agreement, at a price nominated by the agent, and as updated by the agent from time to time;

(c) The parties co-operate in every way with the agent including (without limiting the generality of the foregoing):

(i) Making the key available to the agent;

(ii) As to the wife, allowing inspection of the Suburb C property at all reasonable times requested by the agent;

(iii) Doing or saying nothing to hinder or prevent a sale being effected;

(iv) As to the wife, ensuring the Suburb C property including the grounds are in a neat and clean condition at the time of inspection by the agent and prospective purchasers;

(v) Signing all documents requested by the agents in relating to the listing for sale of the Suburb C property; and

(vi) Any other reasonable request by the agent to facilitate the best price for the Suburb C property.

(d) The parties execute a contract for sale in the form prepared by the conveyancers having the conduct of the sale at a price agreed upon by the parties, or in the absence of any agreement, at or above the price nominated by the agent, as updated from time to time;

(e) The parties instruct such solicitor or conveyancer as they agree upon to have the conduct of the sale on behalf of both parties or, in the absence of agreement reached within fourteen (14) days of the date of these Orders, such conveyancer as may be appointed by the husband within 21 days of these Orders, based on the names of three conveyancers to be proposed by the wife within 14 days hereof, the costs of and incidental to such appointment to be borne by the parties equally as and when they fall due; and

(f) Neither party may confer on any agent without the consent of the other party any right to any sole or exclusive agency in respect of the Suburb C property or to any commission.

2. On Settlement of the sale of the Suburb C property the proceeds of sale be paid in the following manner and priority:

(a) First, all costs and expenses of sale including legal costs, taxes and disbursements, agents commission and auction expenses (including repayment of any such expenses as have been paid by either or both of the parties); and

(b) Second, the balance then remaining to be held in JosephDavid Lawyers’ Trust Account and to be divided so as to achieve a 60 / 40 division in favour of the wife of the non-superannuation pool.

3. Pending the settlement of the sale of the Suburb C property:

(a) The wife have the sole right to occupy the Suburb C property;

(b) The wife pay all rates, insurance premiums and outgoings in respect of the Suburb C property as they fall due;

(c) The wife pay, indemnify and keep the husband effectively indemnified in relation to the outgoings payable by her pursuant to subparagraph (b); and

(d) The parties not encumber the Suburb C property without the consent in writing of the other.

4. Within 14 days of the date of these orders each party do all acts and things and sign all documents necessary to, at the transferee’s expense:

(a) transfer all of the wife’s right, title and interest in Motor Vehicle 1 to the husband; and

(b) transfer all of the husband’s right, title and interest in Motor Vehicle 2 to the wife.

5. Within 14 days of the date of these orders parties do all acts and things and sign all documents necessary to close the joint account and shall divide the proceeds evenly.

Superannuation

6. The Court allocates, as required by Section 90XT(4) of the Family Law Act 1975, a base amount of $135,751.50 to the non- member wife out of MR LEPTIS’ (“Husband”) interest (membership number …) in the husband’s Super Fund 1 (“the Fund”).

7. Orders 6 to 13 of these Orders be binding on the Trustee of the Fund.

8. Pursuant to Section 90XT(1)(a) of the Family Law Act 1975, whenever a splittable payment becomes payable in respect of MR LEPTIS’ interest in the Fund, the trustee shall pay to the Non-Member Spouse’s MS LEPTIS the amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, using a base amount of $135,751.50 and there should be a corresponding reduction in the entitlement of the person to whom a splittable payment would have been made but for these orders.

9. The Trustee of the Fund (“the Trustee”) shall do all such acts and things and sign all such documents as may be necessary to:

(a) Calculate, in accordance with the requirements of the Family Law Act 1975 the entitlement awarded to the wife in the immediately preceding clause of this Order; and

(b) Pay the entitlement whenever the trustee makes a splittable payment from the husband’s interest in the Fund.

10. This Order has effect from the operative time and the operative time is four (4) business days after service of the sealed Final Orders upon the Trustee.

11. After service of the payment split notice in accordance with the Superannuation Industry (Supervision) Regulations 1994 (“the SIS Regulations”) the husband shall do all such things and sign all such documents as may be necessary, including but not limited to exercising the wife’s request in accordance with the SIS Regulations, for the rollover or transfer of the non-member spouse interest to a complying superannuation fund of the wife’s choosing in accordance with the SIS Regulations.

12. There be liberty to apply to each party and the trustee in relation to implementation of the Orders affecting the Superannuation interest.

13. The husband by himself, his servants and/or agents be and are hereby restrained from doing any act or thing which would prevent the wife, her heirs, executors, administrators or nominees from receiving the benefits in the Fund to which she is entitled pursuant to these Orders.

Miscellaneous

14. Unless specified in these Orders and save for the purpose of enforcing any monies due under these or any subsequent Orders:-

(a) Each party be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these Orders;

(b) Monies standing to the credit of the parties in any bank account is to become the property of that party in whose name the account is registered;

(c) Insurance policies remain the sole property of the owner named therein;

(d) Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders;

(e) Any joint tenancy of the parties in any real or personal estate is hereby expressly severed; and

(f) Each party be solely entitled to the exclusion of the other to all superannuation entitlements in that party’s name.

Maintenance

15. The wife’s maintenance application is dismissed.

Other

16. All extant applications are dismissed.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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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