FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Macrina & Macrina [2021] FedCFamC2F 387
File number(s): ADC 862 of 2019 Judgment of: JUDGE DICKSON Date of judgment: 17 November 2021 Catchwords: FAMILY LAW – property – interim property settlement – interim spousal maintenance – where parties have been separated for four years – where wife has been residing in rental property since 2017 – where husband has been living in freehold property – where husband has had control of the bulk of the matrimonial assets – where husband has been paying spousal maintenance to the wife pursuant to orders of this Honourable Court – where wife brings application for interim release of funds to purchase a house for her to reside in – where it is just and equitable for the wife to receive an interim distribution – where no final hearing date is set. Legislation: Family Law Act 1975 (Cth) Part VIII ss 80(1)(h), 79 Cases cited: Amstel & Amstel [2015] FamCA 661
Felice & Felice [2011] FamCA 162
Gabel & Yardley [2008] FamCAFC 162
Marshall& Marshall [2015] FamCA 712
Sresbodan & Sresbodan & Ors [2013] FamCA 480
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466
Division: Division 2 Family Law Number of paragraphs: 97 Date of hearing: 13 October 2021 Place: Adelaide Counsel for the Applicant: Ms Lewis Solicitor for the Applicant: Mellor Olsson Counsel for the Respondent: Mrs Read Solicitor for the Respondent: Scammell & Co ORDERS
ADC 862 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MACRINA
Applicant
AND: MR MACRINA
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
17 NOVEMBER 2021
THE COURT ORDERS:
1.That no later than 22 December 2021 and by way of partial property settlement the Husband do pay to the Wife the sum of SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($700,000.00) (‘the said sum’).
2.That in the event that the Husband fails to comply with paragraph 1 herein:
(a)The parties shall forthwith do all such things and shall execute all documents necessary to:
(i)Apply funds currently held in the names of the parties in B Bank Account Number …74 towards the discharge of the B Bank Mortgage number …74 and/or the B Bank line of credit Account Number …59; and
(ii)Apply such funds that may be necessary (such funds currently held in the Scammell & Co Trust Account representing the proceeds of sale of the business known as ‘C’) towards the discharge of the B Bank mortgage number …50 and/or the B Bank line of credit Account Number …59; and
(iii)Place upon the market for sale by private treaty with such agent as agreed in writing and upon such terms as are agreed (and in default of agreement as to sale by private treaty within 14 days then by public auction) the property known as and situated at D Street, Suburb E in the State of South Australia being the whole of the land comprised and described in Certificate Register Book…
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- AGLC
- Macrina & Macrina [2021] FedCFamC2F 387
- Case
- [2021] FedCFamC2F 387
- Decision Date
CaseChat Overview and Summary
The court found that it was just and equitable to make an interim distribution of property to the applicant. The court held that the applicant had a need for separate accommodation and it was in the best interests of any children of the marriage that the applicant have suitable accommodation. The court also found that it was appropriate to make an order for spousal maintenance to the applicant pending the finalisation of the proceedings. The court ordered that the respondent pay the applicant $700,000 by 22 December 2021. If the respondent failed to make the payment, the court ordered that the respondent sell a property at D Street, Suburb E, and apply the proceeds towards the payment. The court also ordered that the respondent indemnify the applicant in relation to any tax liability arising from the distributions. The court dismissed all other interim applications.
The court made orders for an interim property settlement and spousal maintenance to the applicant. The court ordered that the respondent pay the applicant $700,000 by 22 December 2021. If the respondent failed to make the payment, the court ordered that the respondent sell a property at D Street, Suburb E, and apply the proceeds towards the payment. The court also ordered that the respondent indemnify the applicant in relation to any tax liability arising from the distributions. The court dismissed all other interim applications.
Orders
Orders of the court
ADC 862 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS MACRINA
Applicant
AND:
MR MACRINA
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
17 NOVEMBER 2021
THE COURT ORDERS:
1. That no later than 22 December 2021 and by way of partial property settlement the Husband do pay to the Wife the sum of SEVEN HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($700,000.00) (‘the said sum’).
2. That in the event that the Husband fails to comply with paragraph 1 herein:
(a) The parties shall forthwith do all such things and shall execute all documents necessary to:
(i) Apply funds currently held in the names of the parties in B Bank Account Number …74 towards the discharge of the B Bank Mortgage number …74 and/or the B Bank line of credit Account Number …59; and
(ii) Apply such funds that may be necessary (such funds currently held in the Scammell & Co Trust Account representing the proceeds of sale of the business known as ‘C’) towards the discharge of the B Bank mortgage number …50 and/or the B Bank line of credit Account Number …59; and
(iii) Place upon the market for sale by private treaty with such agent as agreed in writing and upon such terms as are agreed (and in default of agreement as to sale by private treaty within 14 days then by public auction) the property known as and situated at D Street, Suburb E in the State of South Australia being the whole of the land comprised and described in Certificate Register Book Volume … Folio … (‘the D Street, Suburb E property’);
3. The proceeds of sale of the said D Street, Suburb E property be dispersed as follows:
(a) To pay all land agent fees and charges;
(b) To pay all conveyancers fees and charges;
(c) The sum of $700,000 to the Wife; and
(d) The balance (if any) to be held in an interest being account in the joint names of the parties until further order.
4. The Husband as Trustee of the Macrina Trust be at liberty to allocate distributions of the Macrina Trust to the Wife.
5. The Husband do indemnify the Wife and keep her indemnified in relation to any distribution made to the Wife in accordance with paragraph 4 herein and the Husband do pay and further do indemnify and keep the Wife indemnified in respect of any tax liability incurred by the Wife arising from any such distributions.
6. That in the event that the parties fail to agree a sales agent for the sale of the said D Street, Suburb E property within forty-nine (49) days of the date hereof, then the Secretary of the Real Estate Institute shall appoint a sales agent upon the written request of either party via their solicitor.
7. That in the event of either party refusing, failing or neglecting to sign any document necessary to implement the terms of the orders made in paragraphs 2 and 3 herein, then pursuant to s 106A of the Family Law Act 1975 (Cth) (as amended), a Deputy Registrar or Judicial Registrar of this Honourable Court is appointed to sign all or any such documents necessary upon proof by affidavit of such refusal, failure or neglect.
8. All interim applications do otherwise stand 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).
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.
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Reasons for decision
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