FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lundquist & Lundquist (No 3) [2024] FedCFamC2F 1556
File number(s): SYC 7577 of 2022 Judgment of: JUDGE SHOEBRIDGE Date of judgment: 8 November 2024 Catchwords: FAMILY LAW – Property – Where the parties have property in the United Kingdom and Australia – Where the Respondent wife raised an issue of forum non conveniens – Where part of the property pool is situated in company assets – Where the Applicant husband received substantial post-separation inheritance – Where inheritance is treated as a separate pool – Where the Court makes an equal contributions finding as to the non-inheritance pool – Where s 75(2) adjustment made in favour of the wife Legislation: Family Law Act 1975 (Cth) s 75(2), 79(1), 79(2), 79(4) Cases cited: Bakshi & Mahanta (No 2) (2022) 367 FLR 177; [2022] FedCFamC1A 90
Bevan v Bevan (2013) FLC 93-545; [2013] FamCAFC 116
Calvin and McTier (2017) FLC 93-785; [2017] FamCAFC 125
Clauson and Clauson (1995) FLC 92–595;
Clives v Clives (2008) FLC 93-385; [2008] FamCAFC 172
Dickons & Dickons (2012) 50 Fam LR 244; [2012] FamCAFC 154
Dovgan & Dovgan [2021] FamCA 306
Fields v Smith (2015) FLC 93-638; [2015] FamCAFC 57
Franklin v Franklin [2010] FamCAFC 131
Henry v Henry (1996) 185 CLR 571
Hickey and Hickey and Attorney-General for the Commonwealth of Australia (2003) FLC 93-143; [2003] FamCA 395
Horrigan & Horrigan [2020] FamCAFC 25
In the Marriage of Bonnici (1991) FLC 92-272
In the Marriage of Ferraro (1992) FLC 92-335
In the Marriage of Rolfe (1977) FLC 90-629
In the Marriage of Waters & Jurek (1995) FLC 92-635
Jabour & Jabour (2019) FLC 93-898; [2019] FamCAFC 78
Mallet v Mallet (1984) 156 CLR 605
Navarro v Jurado (2010) 44 Fam LR 310; [2010] FamCAFC 210
Norbis v Norbis (1986) 161 CLR 513
Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197
Omacini and Omacini (2005) FLC 93-218; [2005] FamCA 195
Petruski & Balewa (2013) 49 Fam LR 116; [2013] FamCAFC 15
Schaars & Schaars [2023] FedCFamC1F 12
Stanford v Stanford (2012) 247 CLR 108
Teal v Teal [2010] FamCAFC 120
Trask & Westlake (2015) FLC 93-662; [2015] FamCAFC 160
Trevi and Trevi (Re-Exercise) [2019] FamCAFC 51
Van der Linden v Kordell [2010] FamCAFC 157
Voth v Manildra Flour Mills Pty Ltd(1990) 171 CLR 538
Zao & Lee [2019] FamCAFC 169
Division: Division 2 Family Law Number of paragraphs: 182 Date of last submission/s: 10 August 2024 Date of hearing: 8 – 10 August 2024 Place: Sydney Counsel for the Applicant: Ms McMahon Solicitor for the Applicant: Cominos Family Lawyers The Respondent: Litigant in person ORDERS
SYC 7577 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LUNDQUIST
Applicant
AND: MS LUNDQUIST
Respondent
ORDER MADE BY:
JUDGE SHOEBRIDGE
DATE OF ORDER:
8 NOVEMBER 2024
THE COURT ORDERS THAT:
The Australian Properties
1.Within 28 days of the date of these Orders, the parties are to do all things necessary…
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- Lundquist & Lundquist (No 3) [2024] FedCFamC2F 1556
- Case
- [2024] FedCFamC2F 1556
- Decision Date
CaseChat Overview and Summary
The Court found that the inheritance received by Mr. Lundquist was to be treated as a separate pool and was not to be included in the property pool for division purposes. The Court also made an equal contributions finding in relation to the non-inheritance property pool. The Court then made an adjustment in favour of Ms. Lundquist under section 75(2) of the Family Law Act, due to the significant disparity in the contributions of the parties. The Court ordered the transfer of certain Australian properties to Mr. Lundquist and the transfer of a United Kingdom property to Ms. Lundquist. Additionally, the Court addressed the refinancing of mortgage accounts, the division of company assets, and the payment of debts and outstanding balances.
The Court's final orders included the transfer of specific Australian properties to Mr. Lundquist, the transfer of a United Kingdom property to Ms. Lundquist, and the division of other assets and financial resources between the parties. The Court also ordered the refinancing of certain mortgage accounts and the division of company assets. Furthermore, the Court made provisions for the payment of debts and outstanding balances, and the indemnification of each party against liabilities arising from their respective assets.
Orders
Orders of the court
SYC 7577 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR LUNDQUIST
Applicant
AND:
MS LUNDQUIST
Respondent
ORDER MADE BY:
JUDGE SHOEBRIDGE
DATE OF ORDER:
8 NOVEMBER 2024
THE COURT ORDERS THAT:
The Australian Properties
1. Within 28 days of the date of these Orders, the parties are to do all things necessary to cause the Respondent Wife’s (“the Wife”) interest in each of the three properties listed below (“the Australian Properties”) to the Applicant Husband (“the Husband”):
(a) C Street, Suburb D;
(b) E Street, Suburb F; and
(c) G Street, Suburb H.
2. To give effect to the preceding Order:
(a) The Husband is to be responsible for the preparation of any documentation necessary to transfer the Wife’s interests in each of the Australian properties to him;
(b) The Wife is to execute and return and documentation delivered to her in that regard within 7 days of the receipt of same; and
(c) The Husband is responsible for the registration of any such documentation.
3. Within 90 days of the date of these Orders, the Wife is to remove all of her belongings from, and vacate, the properties located at:
(a) C Street, Suburb D; and
(b) E Street, Suburb F.
Husband to Retain
4. The Husband is otherwise entitled to retain:
(a) Bank accounts and investments standing in his name or control;
(b) His superannuation entitlements, and for the sake of clarity that includes his superannuation entitlements in the United Kingdom;
(c) Motor Vehicle 1; and
(d) Any other item of personalty or financial resource in his possession or control.
The United Kingdom Property
5. Within 28 days of the date of these Orders the parties are to do all things necessary to transfer the Husband's interest in J Street, Suburb K (“the Suburb K Property”) to the Wife and in that regard:
(a) The Wife is responsible for the preparation of any documentation necessary to transfer the Husband’s interest in the Suburb K Property to her;
(b) The Husband is to sign and return any documentation delivered to him in that regard within 7 days of the receipt of same; and
(c) The Wife is responsible for the registration of any such documentation.
Loan Refinances
6. Simultaneously with the transfer of the Wife’s interests in the Australian Properties to the Husband, the Husband is to do all things and sign all things necessary to refinance the following ANZ mortgage accounts into the Husband’s sole name:
(a) …42;
(b) …25;
(c) …22;
(d) …55; and
(e) …09.
7. Simultaneously with the transfer of the Wife’s interests in the Australian properties to the Husband, the Husband is to do all things and sign all things necessary to refinance the following M Bank mortgage accounts into the Husband’s sole name:
(a) …89;
(b) …78;
(c) …00;
(d) …97; and
(e) …86.
8. Simultaneously with the transfer of the Wife’s interests in the Australian properties to the Husband, the Wife is to do all things and sign all documents necessary to refinance the following M Bank mortgage accounts into the Wife's sole name:
(a) …97; and
(b) …78.
9. The Husband is to pay the outstanding balance of the L Bank mortgage.
Wife to Retain
10. The Husband is to do all things and execute all documents necessary to transfer his interest in Motor Vehicle 2 to the Wife and in that regard:
(a) The Wife is to prepare any documentation necessary to give effect to this Order; and
(b) The Husband is to execute any documentation received from the Wife in that regard and return it to her within 7 days of receipt of the same.
11. Unless otherwise specified in these Orders, the Wife is solely entitled, to the exclusion of the Husband, to the following:
(a) The property located at J Street, Suburb K; and
(b) N Pty Ltd (“the Company”), and it is noted that the assets of the Company include:
(i) Vehicle 6;
(ii) Vehicle 7; and
(iii) Vehicle storage in Country V.
12. The Wife is otherwise entitled to retain:
(a) Bank accounts and investments in her name or control;
(b) Two motor vehicles located in the UK including Motor Vehicle 2, Motor Vehicle 3 and Motor Vehicle 4; and
(c) Any other item of personalty in her possession or control or financial resource.
The Company
13. Within 28 days of the date of these Orders, the parties are to each respectively do all things necessary to:
(a) Remove the Husband as a director of the Company;
(b) Transfer the Husband’s shareholding in the Company to the Wife, or her nominee;
(c) Remove the Husband as a signatory of any accounts held in the name of the Company; and
(d) Cancel the credit card held by Husband in connection with P Bank account number …34 in the Company name.
14. To give effect to the preceding Order:
(a) The Wife is to prepare any documentation necessary to give effect to the matters referred to in that Order; and
(b) The Husband is to execute and return any documentation delivered to him in that regard within 7 days of receipt of same.
15. Within 28 days of these Orders, the Husband is to pay the outstanding balance of the following mortgage and loan accounts relating to assets held by the Company:
(a) KK Finance mortgage account number …05.
(b) KK Finance mortgage account number …57.
(c) KK Finance mortgage account number …06.
(d) KK Finance mortgage account number …56.
(e) KK Finance mortgage account number …55.
(f) KK Finance mortgage account number …17.
(g) P Bank Loan Account …93.
Miscellaneous
16. Within 28 days of the date of these Orders, the parties are to each respectively do all things necessary to close the joint ANZ Access Account ending …82 held in Australia, and the proceeds of that account, if any, are to be divided equally between the parties.
17. Within 28 days of the date of these Orders, the parties are to do all things necessary to transfer any funds held in the Q Bank Account ending in …76 into the sole name of the Wife.
18. In relation to the debt owed to the parties by Mr R:
(a) Within 31 days of the date of these Orders the parties are to do all things necessary to remove the Husband as a mortgagor for that debt;
(b) The Husband is to do any thing and sign any document necessary to assign to the Wife any interest that the Husband may have in relation to that debt; and
(c) The Wife is solely entitled to enforce that debt; and
(d) The Wife is solely entitled to any repayment of that debt.
19. Within 90 days of the date of these Orders, the Husband is to pay to the Wife the sum of $16,341, provided that that sum may be offset against any amounts owed by the Wife to the Husband as a consequence of any costs Orders made in the course of these proceedings that remain unpaid.
20. The Husband is to indemnify and keep indemnified the Wife, in respect of all actions, claims, suits, and demands as may be made against the Husband in relation to all liabilities in the name of the Husband.
21. The Wife is to indemnify and keep indemnified the Husband, in respect of all actions, claims, suits, and demands as may be made against the Wife in relation to all liabilities in the name of the Wife.
22. Save as is provided for in these Orders, each party is to be solely liable for and indemnify the other against any liability encumbering any item of property (including real property) to which that party is entitled pursuant to these Orders.
23. Except as specifically provided for in these Orders, each of the Husband and Wife are to remain solely liable for any debts in that party’s own name and release the other from all debts owing from one to the other.
24. Each of the parties, within 14 days of receiving a written request from the other party, shall do all things and sign all documents to ensure that these Orders are recognised and enforced in any other jurisdiction where their respective property is held, pursuant to the doctrine of comity of nations.
25. Each party is to do all acts and things reasonably required by the other including the signing or execution of all necessary documents to give effect to the provisions of these Orders.
26. In the event that either party refuses or neglects to execute any deed or instrument, the Registrar of the Federal Circuit and Family Court of Australia or other person appointed pursuant to s 106A of the Family Law Act 1975 (Cth), shall do all acts and things and sign all documents necessary on behalf of the defaulting party, to give validity to the operation to the deed or instrument and at the cost of the defaulting party.
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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