FAMILY COURT OF AUSTRALIA
| MERTON & MERTON | [2017] FamCA 281 |
| FAMILY LAW – PROPERTY SETTLEMENT – Setting aside orders – Where the parties consensually entered into property settlement orders, a Binding Financial Agreement, and a Deed of Release to sever their financial affairs – Where the husband sought the property settlement orders be set aside pursuant to s 79A(1)(a) of the Family Law Act – Where the husband failed to prove the wife suppressed relevant information – Where, even if relevant information was suppressed, the husband failed to prove it caused a miscarriage of justice – Decided the husband’s application to set aside orders should not succeed – Ordered the entirety of the husband’s application is dismissed |
| Evidence Act 1995 (Cth), ss 58, 160, 183 Family Law Rules 2004 (Cth) |
| Barker v Barker (2007) 36 Fam LR 650 Gitane v Velacruz (2009) 39 Fam LR 460 Marriage of Patching (1995) FLC 92-585 Pearce & Pearce [2016] FamCAFC 14 |
| APPLICANT: | Mr Merton |
| RESPONDENT: | Ms Merton |
| FILE NUMBER: | SYC | 3926 | of | 2015 |
| DATE DELIVERED: | 1 May 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Austin J |
| HEARING DATE: | 30 & 31 March 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Lloyd SC |
| SOLICITOR FOR THE APPLICANT: | McDonell Milne Toltz Family Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Knox SC |
| SOLICITOR FOR THE RESPONDENT: | Redmond Hale Simpson Solicitors & Barristers |
Orders
The Initiating Application filed on 16 June 2016 is dismissed.
The Response to Initiating Application filed on 26 September 2016 is dismissed.
Costs are reserved for 28 days.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Merton & Merton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 3926 of 2015
| Mr Merton |
Applicant
And
| Ms Merton |
Respondent
REASONS FOR JUDGMENT
Introduction
In August 2015, the applicant husband and respondent wife settled all outstanding disputes between them under Part VIII of the Family Law Act 1975 (Cth) (“the Act”) arising out of the breakdown of their marriage.
Their settlement was consummated by property settlement orders, made by this Court pursuant to their joint application, and their execution of a Binding Financial Agreement (“BFA”) and a Deed of Release (“Deed”).
The settlement entailed the husband’s transfer of his proprietary interest in the former matrimonial home to the wife, so she became the sole registered proprietor of it. The wife and the parties’ children still then lived in the home but, within several months of the settlement, the…
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- AGLC
- Merton and Merton [2017] FamCA 281
- Case
- [2017] FamCA 281
- Decision Date
CaseChat Overview and Summary
The court was required to determine the disposition of the Initiating Application and the Response to Initiating Application.
Austin J dismissed both the Initiating Application and the Response to Initiating Application. Costs were reserved for a period of 28 days.
Orders
Orders of the court
1.
The Initiating Application filed on 16 June 2016 is dismissed.
2.
The Response to Initiating Application filed on 26 September 2016 is dismissed.
3.
Costs are reserved for 28 days.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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