FAMILY COURT OF AUSTRALIA
| MANTEL & MANTEL | [2020] FamCA 157 |
| FAMILY LAW – PROPERTY SETTLEMENT – Where parties agreed it would be just and equitable for their property interests to be adjusted – Where husband received significant inheritance from his father immediately after separation – Whether different assets should be treated as forming part of separate pools – Whether assets in a discretionary family trust and a discretionary testamentary trust comprised of assets accumulated by the husband’s father are to be regarded as property of the marriage – Where husband had fiduciary obligations as trustee to administer both trusts in accordance with his father’s wishes – Whether a capitalised value should be applied to husband’s defined benefit disability pension payable through superannuation – Whether defined benefit disability pension should be considered separately from other assets in the matrimonial pool – Contributions in a long marriage treated as equal – husband to retain inheritance received from his father – wife to receive significant adjustment to reflect husband’s inheritance and financial resource to husband represented by defined benefit disability pension |
| Family Law Act 1975 (Cth), ss 75, 79, Part VIIIB Family Law (Superannuation) Regulations 2001 (Cth) r 42 |
| Alekovski & Alekovski (1996) 135 FLR 131; (1996) FLC 92-705 Coghlan & Coghlan (2005) 193 FLR 9; (2005) 33 Fam LR 414; (2005) FLC 93-220; [2005] FamCA 429 Davey v Lee (1990) 13 Fam LR 688 Windmann & Windmann [2017] FamCA 602 |
| APPLICANT: | Mr Mantel |
| RESPONDENT: | Ms Mantel |
| FILE NUMBER: | MLC | 4485 | of | 2018 |
| DATE DELIVERED: | 31 March 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | McEvoy J |
| HEARING DATE: | 5 June 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Wraith |
| SOLICITOR FOR THE APPLICANT: | Peter Szabo Family Law |
| COUNSEL FOR THE RESPONDENT: | Mr Guzzo |
| SOLICITOR FOR THE RESPONDENT: | James Partners Lawyers Pty Ltd |
Orders
The husband transfer his interest in the real…
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- AGLC
- Mantel and Mantel [2020] FamCA 157
- Case
- [2020] FamCA 157
- Decision Date
CaseChat Overview and Summary
The court was required to determine the specific terms of the property settlement, including the transfer of interests in real property, monetary payments between the parties, and the division of various personal and household items. The orders also addressed the retention of bank accounts, investments, vehicles, superannuation entitlements, and other assets by each party.
McEvoy J ordered the husband to transfer his interest in the former matrimonial home to the wife and to pay her a total of $520,000. The wife was to make certain specified items available for collection by the husband, including personal belongings, household items, tools, and model train items. The court also detailed which assets each party would retain for their sole benefit, such as other real property, bank accounts, shares, superannuation, and specific collections of items. Each party was to otherwise retain property in their possession and be solely liable for any encumbrances on that property.
Orders
Orders of the court
1.
The husband transfer his interest in the real property situate at and known as B Street, Suburb C in the State of Victoria (“former matrimonial home”) to the wife, at her expense and free of all encumbrances.
2.
Within 30 days of the date of these orders the husband cause to be paid to the wife the sum of $220,000.
3.
Within 90 days of the date of these orders the husband cause to be paid to the wife the sum of $300,000.
4.
The wife make available for collection by the husband at a mutually convenient time within 30 days of the date of these orders (if not collected earlier) the following items:
(a) antique corkscrew owned by husband’s great grandfather (last located in the lounge room dresser);
(b) painting of woodland scene (last located on the lounge room wall);
(c) two ivory handled bread and butter knives owned by husband’s grandmother (kitchen cutlery drawer) if able to be located;
(d) plough seat owned by husband’s grandfather (last located garage or deck);
(e) green and yellow trike (husband’s childhood toy) (last located under house);
(f) blue scooter (husband’s childhood toy) (last located under house);
(g) husband’s photo albums (two albums);
(h) any framed photo of the husband’s grandparents or father;
(i) the entire contents of the garage including the train room, workshop wall panels and lighting fixtures with the exception of Christmas decorations and outdoor furniture;
(j) all tools (not including Mr Mantel’s planer);
(k) all hardware items (not including Mr Mantel’s timber);
(l) all model train items;
(m) atom motorised edger;
(n) husband's personal items from study such as photos, certificates and career keepsakes;
(o) copy hard drive for husband’s home office computer;
(p) DVDs – certain titles and any other work related DVDs.
5.
The wife retain for her sole benefit:
(a) $180,000 paid to her by the husband by way of partial property settlement pursuant to the orders of this Honourable Court made 19 December 2018;
(b) all monies contained in bank or like accounts in her sole name;
(c) her motor vehicle;
(d) the contents of the former matrimonial home save for the items to be collected by the husband pursuant to paragraph 4 herein;
(e) her superannuation entitlements; and
(f) the sum of $520,000 to be paid to her pursuant to orders 2 and 3.
6.
Save for his obligation to pay the wife the sum of $520,000 as per orders 2 and 3, the husband retain for his sole benefit:
(a) the real property situate at and known as D Street, E Town in the State of Victoria;
(b) all monies contained in bank or like accounts in his sole name;
(c) his shares;
(d) his F Investment investment;
(e) his motor vehicle, caravan and boat;
(f) all monies owed to him by his sons, Mr X Mantel and Mr Y Mantel;
(g) the items to be collected by him from the former matrimonial home pursuant to order 4;
(h) his superannuation entitlements; and
(i) his entitlements arising from the death of his father, Mr G Mantel.
7.
Each party otherwise retain to the exclusion of the other all property in the possession of such party and be solely liable for and indemnify the other against any liability encumbering any such item of property.
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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