FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Mattina & Falconi [2024] FedCFamC2F 931
File number(s): SYC 2409 of 2023 Judgment of: JUDGE W J NEVILLE Date of judgment: 18 July 2024 Catchwords: FAMILY LAW – PARENTING – two children the eldest, aged 12 years, is completely estranged from her Mother and has lived exclusively with her Father and with limited contact with her 9 year old brother who lives primarily with the Mother in the former marital residence – both experts agree that forcing the 12 year old daughter even to attend “therapy” with the Mother is fraught and not recommended – the 9 year old in the Mother’s household effectively “drives the parenting bus” with the Mother arrogating significant parental responsibility and decision-making to her son – complete breakdown in trust between the parents – 9 year old son regularly absent from school even though the Father pays for a private driver to pick up the child and deliver him to school at a weekly cost of $600 per week – significant lack of insight on the Mother’s part regarding needs and best interests of the children – Orders proposed by the Independent Children’s Lawyer, supported by the Father, are in the children’s best interests – both children to live primarily with the Father, with son spending regular time with the Mother, and daughter in accordance with her wishes.
FAMILY LAW – PROPERTY - all financial support for the relationship and the family has come from the Husband – the Mother newly but provisionally qualified as a healthcare professional – Husband’s financial contributions far exceed those of the Wife accepting that the Wife was the primary care of the children when they were younger – certain levels of extravagance in the Wife’s spending during the relationship and her appropriation of $210,000 from a mortgage off-set account was in appropriate – various levels of financial distress for both parties – future needs of the parties, with the Father having primary care of both children, significant at the same time that while the Wife will be in full-time employment, the Husband’s income as a healthcare professional significantly exceeds that of the Wife – just and equitable Orders made as sought by the Husband.
Legislation: Evidence Act 1995 (Cth), s.79
Family Law Act 1975 (Cth), ss.60CA, 60CC(2), 61D, 75(2)
Cases cited: Bevan v Bevan (2013) 279 FLR 1; (2013) 49 Fam LR 387
Bondelmonte v Bondelmonte (2017) 259 CLR 662
Chapman v Chapman (2015) 51 Fam LR 176
Collu & Rinaldo [2010] FamCAFC 53
Dasreef v Hawchar (2011) 243 CLR 588
Dickons v Dickons (2014) 50 Fam LR 244
Fields v Smith (2015) FLC 93-638; (2016) 53 Fam LR 1
Fox v Percy (2003) 214 CLR 118
Godfrey v Sanders (2007) 208 FLR 287
Grundt v Great Boulder Proprietary Gold Mines Ltd (1938) 59 CLR 641
Hall v Hall (2016) 257 CLR 490
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- Mattina & Falconi [2024] FedCFamC2F 931
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- [2024] FedCFamC2F 931
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CaseChat Overview and Summary
The court found that the 12-year-old daughter was completely estranged from her mother and had limited contact with her younger brother, who lived primarily with the mother. Both experts agreed that forcing the daughter to attend therapy with her mother was not advisable. Additionally, the mother had ceded significant parental responsibility to her son, leading to a breakdown in trust between the parents. Considering these factors, the court ordered that both children live primarily with the father, with the daughter having the freedom to determine her contact with her mother, and the younger son having supervised contact with his mother.
In terms of property distribution, the court determined that the husband's financial contributions to the relationship significantly exceeded those of the wife. Despite the wife being the primary caregiver when the children were younger, the court took into account her inappropriate spending and misappropriation of funds from a mortgage offset account. The court made just and equitable orders for the husband, including a lump sum payment to the wife and the transfer of specific properties and assets. The court also outlined detailed procedures for the sale of a property in the event of non-compliance and provided for the disbursement of sale proceeds. Furthermore, the court addressed the distribution of other assets and liabilities, ensuring that both parties were indemnified against certain liabilities. The orders also included provisions for the children's travel, communication between parents, and restrictions on the parents' conduct in the presence of the children.
Orders
Orders of the court
SYC 2409 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR MATTINA
Applicant
AND:
MS FALCONI
Respondent
ORDER MADE BY:
JUDGE W J NEVILLE
DATE OF ORDER:
18 JULY 2024
ON A FINAL BASIS, THE COURT ORDERS THAT:
Parenting Orders
Parental Responsibility
1. The Father have sole decision-making responsibility for the children X (born in 2011) and Y (born in 2014) (the children).
2. In exercising sole decision-making responsibility as referred to above, the Father is to:
(a) Notify the Mother in writing at least 14 days before any proposed long-term decision is made about the children;
(b) Consider any response provided by the Mother and endeavour to reach agreement on the proposed decision to be made;
(c) In the absence of an agreement between the parents as to the proposed decision to be made, the Father is to make the final decision.
Living Arrangements – School Term
3. The children live with the Father.
4. X spend time with the Mother in accordance with X’s wishes.
5. For a period of three (3) consecutive months from the date of these Orders, Y spend no time with the Mother.
6. Following the conclusion of a period of three (3) months from the date of these Orders, unless otherwise agreed in writing between the parties, Y is to spend time with the Mother during the school term as follows:
(a) In Week 1, from the conclusion of school (or 3:00 pm) on Friday until the commencement of school (or 9:00 am) on Monday; and
(b) In Week 2, from the conclusion of school (or 3:00 pm) on Wednesday until the commencement of school (or 9:00 am) on Thursday.
Living Arrangements – School Holidays
7. Following the conclusion of a period of three months from the date of these Orders, unless otherwise agreed in writing between the parties, Y will spend time with the parties for half of each of the school holidays at the end of terms 1, 2 and 3, as follows:
(a) With the Mother:
(i) in odd numbered years, from the conclusion of the school term (being the last day that Y is required to or would regularly attend school) until 10:00 am on the midpoint of the school holidays;
(ii) in even numbered years, from 10.00 am on the midpoint of the school holiday period until the commencement of school on the first day of the following term (being the first day that Y is required to or would regularly attend school).
(b) With the Father:
(i) in even numbered years, from the conclusion of the school term (being the last day that Y is required to or would regularly attend school) until 10:00 am on the midpoint of the school holidays;
(ii) in odd numbered years, from 10:00 am on the midpoint of the school holiday period until the commencement of school on the first day of the following term (being the first day that Y is required to or would regularly attend school).
8. Following the conclusion of a period of three months from the date of these Orders, unless otherwise agreed in writing between the parties, Y will spend time with the parties over the Christmas school holiday period as follows:
(a) With the Mother
(i) In odd numbered years, from the conclusion of school on the last day of the school term (being the last day that Y is required to attend school) until Monday;
(ii) In odd numbered years, thereafter, for the first week in a two week cycle commencing on the first Monday of the school holiday period, and each alternate week thereafter, continuing until the commencement of school on the first day of Term 1 in the following year;
(iii) In even numbered years, from 10:00 am on Monday on the second week in a two week cycle until 10:00 am the following Monday and each alternate week thereafter, continuing until the commencement of school on the first day of Term 1 in the following year.
(b) With the Father:
(i) In even numbered years, from the conclusion of school on the last day of the school term (being the last day that Y is required to attend school) until Monday;
(ii) In even numbered years, thereafter, for the first week in a two week cycle commencing on the first Monday of the school holiday period, and each alternate week thereafter, continuing until the commencement of school on the first day of Term 1 in the following year;
(iii) In odd numbered years, from 10:00 am on Monday on the second week in a two week cycle until 10:00 am the following Monday and each alternate week thereafter, continuing until the commencement of school on the first day of Term 1 in the following year.
9. For the purposes of the above Order, if there is an uneven number of school holiday nights (which means that the midpoint is not clear), if it is an odd numbered year then Y will stay in the care of the Mother for the extra evening and if it is an even numbered year then Y will stay in the care of the Father for the extra evening.
Special Occasions
10. Following the conclusion of a period of three months from the date of these Orders, unless otherwise agreed in writing between the parties, Y will spend time with each parent as follows:
(a) In odd numbered years with the Mother from 11:00 am on 24 December until 11:00 am on 25 December and with the Father from 11:00 am on 25 December until 11:00 am on 26 December; and
(b) In even numbered years with the Father from 11:00 am on 24 December until 11:00 am on 25 December and with the Mother from 11:00 am on 25 December until 11:00 am on 26 December.
(c) With the Mother on her birthday, from after school to 7:00 pm if the Mother’s birthday falls on a school day or from 9:00 am to 5:00 pm if the Mother’s birthday falls on a weekend; and
(d) With the Father on his birthday, from after school to 7:00 pm if the Father’s birthday falls on a school day or from 9:00 am to 5:00 pm if the Father’s birthday falls on a weekend.
(e) With the parent with whom he is not residing on his birthday, from after school to 7:00 pm if the birthday falls on a school day or from 3:00 pm to 7:00 pm if the birthday falls on a weekend.
(f) With the Father on Father’s Day from 9:00 am to 5:00 pm;
(g) With the Mother on Mother’s Day from 9:00 am to 5:00 pm;
(h) In odd numbered years:
(i) With the Father from after school or 3:00 pm on Good Friday to 9:00 am on Easter Sunday; and
(ii) With the Mother from 9:00 am on Easter Sunday to before school or 9:00 am on the Tuesday following Easter Monday;
(i) In even numbered years:
(i) With the Mother from after school or 3:00 pm on Good Friday to 9:00 am on Easter Sunday; and
(ii) With the Father from 9:00 am on Easter Sunday to before school or 9:00 am on the Tuesday following Easter Monday.
11. For the purpose of these orders, changeovers are to occur at Y’s school, should changeover occur on a school day. On non-school days, unless otherwise agreed between the parties in writing, changeovers are to occur as follows:
(a) The Mother is to collect Y from the Father’s residence at the beginning of her time with Y; and
(b) The Father is to collect Y from the Mother’s residence at the end of the Mother’s time with Y.
Communication
12. The Father is to do all acts and things necessary to facilitate telephone and/or video call contact between X and the Mother as requested by X.
13. During the three month period following the date of these Orders when Y spends no time with the Mother, Y will have telephone and/or video call contact with the Mother as agreed, and in the absence of agreement each Tuesday and Saturday, and for the purposes of this Order:
(a) the call shall take place at a time to be agreed between the parties but failing agreement at 7:00 pm for a minimum period of 15 minutes and a maximum period of 30 minutes;
(b) the Mother will make the call;
(c) the Father will do all acts and things necessary to ensure Y takes the call in a quiet environment;
(d) in the event Y misses the Mother’s call the Father will cause Y to return the call immediately.
14. Following the conclusion of a period of three months from the date of these Orders, when Y is living with the Father, Y will have telephone and/or video call contact with the Mother as agreed, and in the absence of agreement on Tuesday, and for the purposes of this Order:
(a) the call shall take place at a time to be agreed between the parties but failing agreement at 7:00 pm for a minimum period of 15 minutes;
(b) the Mother will make the call;
(c) the Father will do all acts and things necessary to ensure Y takes the call in a quiet environment;
(d) in the event Y misses the Mother’s call the Father will cause Y to return the call immediately.
15. When Y is with the Mother, Y will have telephone and/or video call contact with the Father as agreed, and in the absence of agreement on Saturday, and for the purposes of this Order:
(a) the call shall take place at a time to be agreed between the parties but failing agreement at 7:00 pm for a minimum period of 15 minutes;
(b) the Father will make the call;
(c) the Mother will do all acts and things necessary to ensure Y takes the call in a quiet environment;
(d) in the event Y misses the Father’s call the Mother will cause Y to return the call immediately.
16. Following the conclusion of a period of three months from the date of these Orders, both parents are to do all acts and things necessary to facilitate telephone and/or video call contact with the other parent as requested by Y. In the event Y misses a parent’s call the other parent will cause Y to return the call immediately.
17. For the purposes of communicating with the other parent, both parents do all things necessary to:
(a) communicate by telephone matters of an urgent nature, and otherwise;
(b) communicate via SMS or another agreed platform about day-to-day matters including arrangements for each party to spend time with the children;
(c) keep all communication between them respectful, civil and child-focused;
(d) respond to any messages within 24 hours in the form of either an answer, request for more information or a timeframe which a response will be forthcoming noting that in the event a parent disagrees to a parenting proposal that they do all things necessary to suggest an alternative arrangement.
18. Each parent is to advise the other parent of their current residential address, email address, and contact telephone numbers (including both landline and mobile phone number if applicable) and advise the other parent of any changes to these details within 48 hours of such change occurring.
Medical
19. The parties will ensure that the other is kept informed of:
(a) any medical problems or illnesses suffered by either child requiring immediate medical attention, while in their care; and
(b) any medication that has been prescribed for the children.
20. Both parents are entitled to communicate with Y’s treating medical, therapeutic or allied healthcare professionals for the purpose of obtaining information as to matters relevant to Y’s health and welfare, including information regarding any treatment recommended or undertaken, and these Orders be sufficient as authority for this purpose.
21. In the event that either child suffers a serious injury or illness or medical emergency that requires immediate medical attention, hospitalisation or ambulance services while in either parent’s care, that parent will within one hour or otherwise as soon as practicable:
(a) Inform the other parent of the nature of the child’s condition including any diagnosis, prognosis, or treatment;
(b) Advise the other parent of the full name and contact details for any health care practitioner or facility the child may attend upon for assessment or treatment; and
(c) Authorise the health care practitioner or facility to contact the other parent in relation to the child’s diagnosis, prognosis or treatment and provide the practitioner or treatment facility with the other parent’s contact number and email address to facilitate the same.
School
22. Unless otherwise agreed between the parties in writing, the parties will do all acts and things and sign all documents necessary to ensure the children remain enrolled in schools in New South Wales.
23. Within 14 days of either child’s subsequent enrolment at any school the Father is to do all acts and things necessary and give all irrevocable authorities necessary to ensure that whichever school each child may attend from time to time may forward directly to the Mother copies of all of the children’s reports and merit cards, any written material pertaining to each child’s academic and extra-curricular activities.
24. These Orders act as an authority for all schools at which the children may attend from time to time to:
(a) provide each parent, at the expense of that parent, copies of all school reports, school notices and newsletters, school photographs and examples of schoolwork in relation to the children;
(b) communicate with each parent, either by telephone, in writing or by personal attendance, in respect to each child’s progress at school, and inform them of any emergency, remedial or correctional treatment required by either of the children as soon as is practicable; and
(c) permit each parent to attend all school functions to which parents are normally invited, subject to any school policy in relation thereto.
Extracurricular activities
25. In the event either parent wishes to enrol Y in any extra-curricular activities that fall during the other parent’s time with Y, such activities must be agreed between the parents in writing.
26. Each parent is at liberty to attend any extracurricular activity events in which Y is involved notwithstanding that Y may not be living with that parent on that particular day.
Travel
27. Pursuant to section 65Y(2) of the Family Law Act 1975 (Cth), both parties are permitted to remove the children or one of them from the Commonwealth of Australia during their time with the child or children in any school holiday period as specified in these Orders, provided that forty-two (42) days’ notice being provided to the other parent of their intention to travel overseas, and such notice includes:
(a) Details of the proposed date of departure from Australia and return to Australia;
(b) The proposed destination(s) of the travel;
(c) A full itinerary for the trip including flight details;
(d) Details of the accommodation where the travelling parent and the child or children will be staying;
(e) Contact telephone numbers or videocall details by which the child or children may be contacted while they are outside Australia;
(f) Proof of a policy of a valid travel insurance policy being held in the name of each travelling child for the duration of the proposed travel; and
(g) If the travelling parent is not an Australian citizen – evidence that they hold a valid Resident Return visa to re-enter Australia on the proposed return date.
28. Subject to the above notice being provided, the parties are to do all acts and sign all documents necessary to facilitate the travelling parent travelling overseas with the children.
29. Unless otherwise agreed between the parties in writing, while the children are traveling outside of Australia with one of the parents:
(a) The travelling parent is to supervise the children at all times;
(b) The travelling parent will arrange for the children to communicate with the other parent using voice or video call in accordance with the Orders in relation to communication above.
30. Each of the children be permitted to depart from the Commonwealth of Australia for the purpose of attending authorised international trips, competitions, exchanges or events organised by that child’s school or extracurricular programs.
31. Both parties are to do all things and sign all documents necessary to ensure both of the children have a current valid Australian passport and are to pay the cost of the passport equally.
32. Under section 11(1)(b) of the Australian Passports Act 2005, the Father has authority to apply for an Australian passport on behalf of each of the children without the consent of the Mother.
33. The children’s passports are to be held by the Father. The Father is to provide the children’s passports to the Mother seven (7) days prior to her leaving the country with the children and the Mother is to return the passports to the Father within seven (7) days of her return. In the event the passport is required for booking for the overseas travel then the Father will provide the passport and the Mother will return it within two (2) days.
Restraints
34. Pursuant to s.68B of the Family Law Act 1975 (Cth) each parent is restrained from:
(a) Consuming any illicit substances within 24 hours of coming into contact with the children or while either of the children are in their care;
(b) Consuming alcohol so as to exceed a blood alcohol limit of 0.05 within 24 hours of coming into contact with the children or while either of the children are in their care;
(c) Making critical or derogatory remarks in relation to the other parent or their family members in the presence or hearing of either child, or allowing any third party to do so;
(d) Discussing these proceeding in the hearing or presence of either child or allowing any third party to do so; and
(e) Physically disciplining either child.
Independent Children’s Lawyer
35. Within three months of the date of these Orders, each party pay to Legal Aid NSW half of the costs of the Independent Children’s Lawyer, unless otherwise exempt or waived.
36. The Independent Children’s Lawyer otherwise be discharged from these proceedings.
Property Orders
37. Within 42 days of the date of these Orders, being by 29 August 2024, the husband pay to the wife $395,000.
38. Contemporaneous with the payment in Order 37:
(a) The wife must transfer to the husband the whole of her interest in the property at B Street, Suburb C in the State of New South Wales, more particularly described in Folio Identifier … (“the Suburb C property); and
(b) The wife must provide vacant possession of the Suburb C property to the husband.
39. Contemporaneous with the payment in Order 37 and compliance by the wife with Order 38, the husband must discharge and refinance the mortgages held by D Bank, being mortgage … secured over the property in his sole name, and thereafter indemnify the wife with respect to the Suburb C property.
40. In the event that husband fails to comply with Orders 37 or 39, the parties shall do all acts and sign all documents necessary to cause the sale of the Suburb C to be sold in the following manner for the best reasonably obtainable price:
(a) List the Suburb C property for sale by private treaty with a real estate agent mutually agreed upon by the parties or in the absence of agreement reached within 7 days, the real estate agent appointed by the President of the Real Estate Institute of NSW or his or her nominee (“the agent”), the costs of and incidental to the appointment of the agent to be borne equally by the parties as and when they fall due
(b) The sale price of the Suburb C property shall be such sale price as is mutually agreed upon by the parties or in the absence of agreement reached within 7 days of these orders, the price nominated as market value by a licensed valuer appointed by the Chair of the NSW Office of the Australian Property Institute or his or her nominee (“the valuer”), the costs of and incidental to such appointment and valuation to be borne equally by the parties as and when they fall due.
(c) The solicitor with conduct of the sale of the Suburb C property shall be the solicitor agreed upon by the parties or in the absence of agreement reached within 7 days of these orders, the solicitor appointed by the President of the NSW Law Society or his or her nominee (“the solicitor”), the costs of and incidental to the appointment of the solicitor to be borne equally by the parties as and when they fall due.
(d) The party occupying the Suburb C property shall co-operate in every way with the agent including but not limited to:
(i) making house keys available to the agent;
(ii) allowing the 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) ensuring that the Suburb C property, including its grounds and dwellings, are maintained in a neat and presentable condition at the time of inspection by the agent and prospective purchasers.
(e) The wife shall execute a contract or agreement for sale in the form approved by the parties’ solicitors and sign all documents requested to be signed by the agent in relation to the listing of the sale of the Suburb C property except a contract or agreement for sale which has not been authorised by the parties' solicitors.
(f) Each party is restrained from conferring upon any real estate agent any right to sole or exclusive agency in respect of the Suburb C property or to any commission without the consent of the other party.
(g) In the event that binding unconditional contracts for the sale of the Suburb C property have not been exchanged within 3 months following the date of these orders, or such further date as shall be agreed by the parties in writing, the parties shall thereafter immediately list the Suburb C property for sale by public auction with the agent, on a date nominated by the agent no later than 2 months from the date of listing the Suburb C property for sale by public auction.
(h) The reserve price for the purpose of a sale of the Suburb C property by auction shall be such a reserve price as is mutually agreed upon by the parties or in the absence of agreement reached within 7 days of the requirement that the Suburb C property be listed for auction arising, the reserve price nominated as market value thereof by the valuer, the costs of and incidental to such valuation to be borne equally by the parties as and when they fall due.
(i) In the event the Suburb C property remains unsold after an auction for its sale, the parties shall immediately re-list the Suburb C property for sale at a second public auction, again on a date nominated by the agent no later than 2 months from the date of the preceding auction, and at such auction there shall be no reserve price unless otherwise agreed upon by the parties in writing.
(j) Each party shall have the right to bid at the auctions provided for in this order.
41. That the parties shall do all acts and sign all documents necessary to disburse the proceeds of any sale of the Suburb C property pursuant to Order 37 above in the following manner and priority:
(a) first, in payment of all agent's commissions, expenses and legal costs of the sale, including in relation to any public auction/s;
(b) second, in payment of all outstanding land tax, council and water rates relating to the Suburb C property;
(c) third, to discharge the mortgage/s in favour of the D Bank (registered number …) secured over the Suburb C property; and
(d) fourth, the remaining balance proceeds of sale to be paid as follows:
(i) $395,000 to the Wife; and
(ii) Balance remaining thereafter to the Husband.
(e) Notwithstanding subparagraph 41(d) above, in the event that either party has refused or neglected to pay half of the costs of and incidental to appointments, valuations or marketing costs for auctions as required by Order 40 above then the amount outstanding shall first be deducted from the amount due to the refusing or neglecting party herein and paid to the relevant creditor or in reimbursement of any person who has already paid the relevant creditor on behalf of the refusing or neglecting party.
42. Contemporaneous with the appointment of the selling agent in Order 40(a) and solicitor in Order 40(b) the wife must provide consent in writing to each that they must provide all correspondence and information in relation to the sale of the Suburb C property to the Husband and seeks instructions from both the Husband and Wife in relation to the sale.
43. In the event the Wife does not comply with Order 38 within 7 days of a request in writing by the solicitor for the Husband for compliance by the Wife with that Order, the Husband is appointed as Trustee to act on behalf of both parties in relation to the sale of the Suburb C property.
44. Within 42 days of the date of these Orders, being by 29 August 2024, the Wife must deliver to the Husband in such manner as he directs in writing, Motor Vehicle 1 held by Mattina Services Pty Ltd as trustee for the Mattina Services Trust.
45. The Wife will declare in her tax return for the financial years ending 30 June 2022, and 30 June 2023 as distribution from Mattina Services Trust the sum nominated by the husband on the condition that:
(a) the Husband must pay the Wife's tax referrable to any distribution from the Mattina Services Trust referred to herein as and when the same fall due;
(b) the Wife must submit her tax returns for each financial year by no later than 31 May 2024;
(c) the Wife will provide the husband with the tax assessment for each financial year in a timely manner and no later than 7 days from her receipt of the notice of assessment to enable the husband to comply with Order 45(a);
(d) the Husband must indemnify the Wife and keep her indemnified in relation to the tax liabilities referrable to the distributions referred to herein.
46. Within 28 days of a request in writing by the Husband, the Wife must do all acts and sign all documents necessary to:
(a) cause the closure of CBA joint account #...07, with the balance held at the date of closure to be paid to the Wife in such manner as she directs.
(b) cause the Wife to transfer to the Husband the whole of her interest in Mattina Services Pty Ltd;
(c) resign as a director of Mattina Services Pty Ltd;
(d) cause the Wife to relinquish the whole of her interest Mattina Services Trust as to income and/or capital beneficiary; and
(e) cause the closure, deregistration and/or winding up of the following dormant/non trading entities;
(i) Mattina Pty Ltd ATF Mattina Trust and Mattina Family Trust;
(ii) Mattina Trust;
(iii) Mattina Family Trust;
(iv) Mattina Holdings Pty Ltd ATF for the Mattina Property Trust
(v) Mattina Property Trust
47. Contemporaneous with Order 46, the husband personally, in his capacity as director of Mattina Services Pty Ltd ATF the Mattina Services Trust indemnify the wife in relation to any and all liabilities referrable to the Mattina Services Trust.
48. Contemporaneous with compliance with Order 46 the Wife must do all acts and things and transfer to the husband any debit or credit loan or beneficiary account in her name in the Mattina Services Trust.
49. Subject to any other order herein to the contrary, the husband and the wife be solely, legally and beneficially entitled to the exclusion of the other party, to all other real and personal property of whatsoever nature and kind as is in their respective ownership, possession and/or control as at the date of these Orders, or to which he or she may become entitled after the making of these Orders including but not limited to, money on deposit, shareholdings, insurance policies, motor vehicles, superannuation and personal effects.
50. Except as otherwise provided for herein, from the date of these Orders, the husband shall do all acts and things necessary to indemnify, and keep indemnified, the wife from and against all liabilities of the husband including, but not limited to;
(a) Any liability in the name of the husband or any entity in which the husband has an interest;
(b) All liabilities including claims, actions, suits or demands of whatsoever nature arising out of, or in connection with, the husband or any entity in which the husband has an interest;
(c) Taxation; and
(d) Duties (including stamp duty), whether past, present or future.
51. Except as otherwise provided for herein, from the date of these Orders, the wife shall do all acts and things necessary to indemnify, and keep indemnified, the husband from and against all liabilities of the wife including, but not limited to:
(a) Any liability in the name of the wife;
(b) All liabilities including claims, actions, suits or demands of whatsoever nature arising out of, or in connection with the wife;
(c) Taxation; and
(d) Duties (including stamp duty), whether past, present or future.
52. In the event that either party refuses or neglects to execute any deed or instrument required to be executed by these orders within 14 days of a written request to do so, the Registrar of the Federal Circuit and Family Court of Australia (Division 2) is hereby appointed pursuant to Section 106A of the Family Law Act 1975 (Cth) to execute such deed or instrument on behalf of such refusing or neglecting party and to do all acts necessary to give validity to the operation to the deed or instrument upon the Registrar being provided with verification of such refusal or neglect by way of affidavit.
Costs
53. Absent any Application within 7 days, pursuant to s.117 of the Family Law Act 1975 (Cth), each party is to pay their own costs.
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
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Evidence
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Decision
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