Meekins and Meekins - [2011] FamCA 1072

FAMILY COURT OF AUSTRALIA

MEEKINS & MEEKINS

[2011] FamCA 1072

FAMILY LAW – PROPERTY - Settlement in relation to marriage

Family Law Act 1975 (Cth) - s 75(2), s 79, s 79(1), s 79(2), s 79(4)

Clauson and Clauson (1995) FLC 92-595; 18 Fam LR 693
Coghlan and Coghlan (2005) FLC 93-220; 32 Fam LR 414
Ferraro and Ferraro (1993) FLC 92-335
HDM & MM and SJM [2006] FamCA 47
Hickey and Hickey (2003) FLC 93-143; 30 Fam LR 355
Kowaliw and Kowaliw (1981) FLC 91-092
Lee Steere and Lee Steere (1985) FLC 91-626
Townsend and Townsend (1995) FLC 92-569

APPLICANT:

Ms Meekins

RESPONDENT:

Mr Meekins

FILE NUMBER:

SYC

7431

2009

DATE DELIVERED:

11 May 2011

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Johnston J

HEARING DATE:

11 May 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Ms Christie

SOLICITOR FOR THE APPLICANT:

Redmond Hale Simpson

COUNSEL FOR THE RESPONDENT:

Mr Sansom

SOLICITOR FOR THE RESPONDENT:

Smythe Wozniak

Orders

That orders are made in accordance with the hand-written Minute of Order filed in Court today signed by Justice Johnston and placed with the Court papers as set out hereunder:-

1.That within twenty-one (21) days the husband shall transfer to the wife all of his right title and interest in the property situated at and known as B Street, Suburb C, New South Wales being the whole of the land comprised in folio identifier … (“the home”).
2.That the wife do all acts and things necessary to transfer to the husband:
(a) 349 AMP shares;
(b) AMP Life Policy.
3.That simultaneously with the transfer referred to in order 1 the wife pay to the husband or as he may direct the sum of $147,093.
4.That the husband transfer to the wife all of his right title and interest in any joint bank accounts.
5.That should the husband receive any funds from his employment with D Pty Ltd and/or E Super after the date of this order he pay to the wife 45 per cent of any monies so received within seven (7) days.
6.Except as otherwise provided in this order, the husband and wife are entitled to be the sole legal and beneficial owners of all items of property including money, motor vehicles, insurances, equities, superannuation entitlements and personal effects currently in the possession or control of each of them respectively.
7.That the wife forthwith do all things and sign all documents necessary to remove the caveat against title to the Suburb F property, at her cost.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Meekins & Meekins has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: SYC 7431 of 2009

Ms Meekins

Applicant

And

Mr Meekins

Respondent

REASONS FOR JUDGMENT

Introduction and Applications

These are final property proceedings. The parties in the proceedings are Ms Meekins and Mr Meekins. For convenience I shall refer to them as…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] FamCA 1072
Decision Date: 11 May 2011

CaseChat Overview and Summary

In *Meekins and Meekins*, Johnston J of the Supreme Court of New South Wales was required to make orders concerning the division of property between a husband and wife. The dispute centred on the equitable distribution of various assets, including real estate, shares, and financial accounts, following the breakdown of the marriage.

The court's primary task was to determine the appropriate allocation of the parties' property interests. This involved considering the matrimonial home, AMP shares and a life policy, joint bank accounts, and future employment income. The court also had to address the removal of a caveat lodged by the wife on a property in Suburb F.

Johnston J made orders reflecting a division of the matrimonial assets. The husband was ordered to transfer his interest in the matrimonial home to the wife, who in turn was to transfer AMP shares and an AMP Life Policy to the husband. The wife was also ordered to pay a sum of $147,093 to the husband simultaneously with the transfer of the home. Further orders stipulated the transfer of joint bank accounts to the wife and that the husband pay 45 per cent of any future employment income received from D Pty Ltd and/or E Super to the wife. The wife was also directed to remove a caveat from the Suburb F property at her own cost. Each party was to retain other property in their possession or control.

Orders

Orders of the court

That orders are made in accordance with the hand-written Minute of Order filed in Court today signed by Justice Johnston and placed with the Court papers as set out hereunder:-

1. That within twenty-one (21) days the husband shall transfer to the wife all of his right title and interest in the property situated at and known as B Street, Suburb C, New South Wales being the whole of the land comprised in folio identifier … (“the home”).

2. That the wife do all acts and things necessary to transfer to the husband:

(a) 349 AMP shares;

(b) AMP Life Policy.

3. That simultaneously with the transfer referred to in order 1 the wife pay to the husband or as he may direct the sum of $147,093.

4. That the husband transfer to the wife all of his right title and interest in any joint bank accounts.

5. That should the husband receive any funds from his employment with D Pty Ltd and/or E Super after the date of this order he pay to the wife 45 per cent of any monies so received within seven (7) days.

6. Except as otherwise provided in this order, the husband and wife are entitled to be the sole legal and beneficial owners of all items of property including money, motor vehicles, insurances, equities, superannuation entitlements and personal effects currently in the possession or control of each of them respectively.

7. That the wife forthwith do all things and sign all documents necessary to remove the caveat against title to the Suburb F property, at her cost.

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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