FEDERAL CIRCUIT COURT OF AUSTRALIA
| MEEK & ANSON | [2016] FCCA 2502 |
| Catchwords: FAMILY LAW – Property settlement – five year marriage – no children –greater contributions by the husband – financial resources held by the husband overseas –adverse impact of marriage on income and income earning capacity of the wife. |
| Legislation: Family Law Act 1975, ss.75, 79, 90 |
| Lee & Hutton [2013] FamCA 745 Kennon v Kennon (1997) FLC 92-757 |
| Applicant: | MS MEEK |
| Respondent: | MR ANSON |
| File Number: | CAC 680 of 2014 |
| Judgment of: | Judge Hughes |
| Hearing dates: | 26, 27 & 28 October 2015 |
| Date of Last Submission: | 28 October 2015 |
| Delivered at: | Canberra |
| Delivered on: | 29 September 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr O’Shannessy |
| Solicitors for the Applicant: | Robinson McGuinness |
| Counsel for the Respondent: | Mr Givney |
| Solicitors for the Respondent: | Walsh & Blair |
ORDERS
Within 60 days of the date of these orders the husband shall pay to the wife the sum of $691,200 (“the payment”).
In the event of default in the payment, the husband shall forthwith sell the property known as (Property A) with the proceeds of sale to be allocated as follows:
(a)first, to pay any commission and other costs of sale;
(b)secondly, to discharge any mortgage or other encumbrances on the title to the property;
(c)thirdly, to make the payment to the wife along with interest calculated at the family law scale from the date the payment was due until it is made; and
(d)fourthly, the balance to the husband.
Except as provided by these orders, each party is hereby declared to be the sole owner of all items of property in their possession and choses in action in their name at the date of these orders.
Otherwise, all extant applications are hereby dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Meek & Anson is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT CANBERRA |
CAC 680 of 2014
| MS MEEK |
Applicant
And
| MR ANSON |
Respondent
REASONS FOR JUDGMENT
These are property settlement proceedings after a five year marriage.
The parties were married on (omitted) 2008 and separated on 23 March 2013. It was the first marriage for both and they have no children together.
The husband made the overwhelming financial contributions to the property. The wife argued that her financial position has been significantly adversely affected by the marriage because she left a well-paid job in Sydney to live with the husband in (country omitted) and has been unable to obtain employment at a similar level since.
Background
The husband was born in (country omitted). He grew up on a family farm in (country omitted). He has an interest in five tracts of farming land in (country omitted) as well as shares and cash in bank accounts in (country omitted). He moved permanently to Australia in 1994 and became an Australian citizen in 2008.
The wife is an Australian citizen by birth.
The parties commenced a relationship in April 2004.…
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- AGLC
- Meek and Anson [2016] FCCA 2502
- Case
- [2016] FCCA 2502
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was to establish the terms of the property settlement, including the quantum of any payment to be made by one party to the other, and the mechanism for ensuring such payment. The court also needed to clarify the ownership of remaining assets and resolve any outstanding applications.
Judge Hughes ordered that the husband pay the wife a sum of $691,200 within 60 days. In the event of default, the husband was directed to sell a specified property, with the proceeds to be applied first to sale costs, then to discharge any encumbrances, followed by the payment to the wife with interest, and any remaining balance to the husband. The orders further declared each party to be the sole owner of property in their possession and choses in action, and dismissed all other extant applications.
Orders
Orders of the court
1.
Within 60 days of the date of these orders the husband shall pay to the wife the sum of $691,200 (“the payment”).
2.
In the event of default in the payment, the husband shall forthwith sell the property known as (Property A) with the proceeds of sale to be allocated as follows:
(a) first, to pay any commission and other costs of sale;
(b) secondly, to discharge any mortgage or other encumbrances on the title to the property;
(c) thirdly, to make the payment to the wife along with interest calculated at the family law scale from the date the payment was due until it is made; and
(d) fourthly, the balance to the husband.
3.
Except as provided by these orders, each party is hereby declared to be the sole owner of all items of property in their possession and choses in action in their name at the date of these orders.
4.
Otherwise, all extant applications are hereby dismissed.
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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