Federal Circuit and Family Court of Australia
(DIVISION 2)
Lindholm & Lindholm [2022] FedCFamC2F 1353
File number(s): BRC 6043 of 2019 Judgment of: JUDGE YOUNG Date of judgment: 21 September 2022 Catchwords: FAMILY LAW - property - application for alteration of property interests - where the parties have one child together -where the husband suffered a serious injury at work - where the husband was awarded personal injury compensation - where a large portion of the compensation funds have been dissipated through gambling by the husband - court satisfied the wife will primarily financially responsible for the child Legislation: Family Law Act 1975 (Cth) ss 75, 79 Cases cited: Aleksovski & Aleksovski [1996] FamCA 111
Griffiths & Kerkemeyer [1977] 139 CLR
Weir & Weir [1992] FamCA 69
Division: Division 2 Family Law Number of paragraphs: 30 Date of hearing: 19, 20 and 21 September 2022 Place: Darwin Counsel for the Applicant: Mr George Solicitor for the Applicant: Browns Lawyers Counsel for the Respondent: Mr Clutterbuck Solicitor for the Respondent: Turnbull Mylne ORDERS
BRC 6043 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS LINDHOLM
Applicant
AND: MS LINDHOLM
Respondent
order made by:
JUDGE YOUNG
DATE OF ORDER:
21 SEPTEMBER 2022
THE COURT ORDERS THAT:
1.The Respondent is to pay the Applicant the sum of $350,000 with such monies to be paid from the monies presently held in the trust account of Turnbull Mylne Lawyers, the husband’s solicitors, and this order is sufficient discharge of their liability to the husband for that sum. The balance of the monies may be paid to the husband.
2.The parties are to otherwise retain for their benefit any other property in their possession or name.
3.The wife is to retain all of her right title and interest in any superannuation fund in her name.
4.All extant applications are otherwise dismissed and the matter removed from the active pending cases list.
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).
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Lindholm & Lindholm has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Ex TemporeJUDGE YOUNG
Background
This is an application for alteration of property interests pursuant to section 79 of the Family Law Act 1975 (Cth) (“the Act”). The applicant wife is 40 years old. The respondent husband is 44 years…
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CaseChat Overview and Summary
Judge Young concluded that the husband's gambling and dissipation of the settlement funds were significant factors to be considered in the property division. The court found the wife to be a credible witness, particularly regarding the husband's gambling habits and her substantial contributions following his injury. Conversely, the husband's credibility was undermined due to his failure to adhere to court orders prohibiting gambling and his unreliability in providing accurate information about his financial activities. The court's reasoning underscored the husband's substantial dissipation of funds, estimated to be around $656,314, which included money from his superannuation and the personal injury settlement. This dissipation significantly impacted the property pool, leading to a rough estimate of total assets and liabilities, with the wife retaining a smaller portion of the overall assets.
Ultimately, the court ordered the husband to pay the wife $350,000 from the funds held in trust by his solicitors. The total property pool, including dissipation and superannuation, was divided at a ratio of 31% to the wife and 69% to the husband, adjusted by $150,000 in favor of the wife to account for future financial responsibilities related to their child's care. The wife was also granted the retention of her superannuation fund. All other property was to be retained by the parties as per their possession or name. The court dismissed all other applications and removed the case from the active pending list.
The final orders mandated that the husband pay the wife $350,000 from the trust account held by his solicitors. The wife retained all rights, titles, and interests in her superannuation fund. The court’s decision recognized the wife’s significant contributions and future responsibilities, adjusting the property division to reflect these factors equitably.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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