Mesic & Lazar

Case [2024] FedCFamC2F 1225


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Mesic & Lazar [2024] FedCFamC2F 1225

File number(s): DGC 3357 of 2020
Judgment of: JUDGE JENKINS
Date of judgment: 9 September 2024
Catchwords: FAMILY LAW – property proceedings – length of relationship – short de facto relationship – initial contributions – inheritance – loans – post-separation contributions – impact of short relationship on earning capacity – unreliable witness
Legislation:

Evidence Act 1995 (Cth) s 140

Family Law Act 1975 (Cth) ss 4AA, 90SM

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r. 8.15

Cases cited:

AJO & GRO [2005] FamCA 195

Aleksovski & Aleksovski (1996) FLC 92 705

Anson & Meek [2017] FamCAFC 257

Bevan & Bevan [2013] FamCAFC 116

Bonnici & Bonnici [1991] FamCA 86

Clauson & Clauson [1995] FamCA 10

D & D [2003] FamCA 473

Dickons & Dickons [2012] FamCAFC 154

Dovgan & Dovgan [2021] FamCA 306

Fairbairn v Radecki [2022] HCA 18

Figgins & Figgins [2002] FamCA 688

Flanagan v Sobek(Deceased) [2014] FamCA 696

Harris & Harris [1993] FamCA 49

Hickey & Hickey & Attorney General for the Commonwealth of Australia [2003] FamCA 395

Jabour v Jabour [2019] FamCAFC 78

Jones v Dunkel (1959) 101 CLR 298

Lee Steere & Lee Steere [1985] FamCA 57

Martin & Newton [2011] FamCAFC 233

Primrose Meadows Pty Ltd v River View Pty Ltd [2019] VSC 263

Robb & Robb [1994] FamCA 136

Rosati & Rosati [1998] FamCA 38

Stanford v Stanford [2012] HCA 52

Walpole & Secretary, Department of Communities and Justice [2020] FamCAFC 65

Whisprun Pty Ltd v Dixon [2003] HCA 48

Division: Division 2 Family Law
Number of paragraphs: 132
Date of last submission/s: 27 June 2024
Date of hearing: 5, 26 & 27 June 2024
Place: Dandenong
Counsel for the Applicant: Mr Howe
Solicitor for the Applicant: Elvin Lawyers
Counsel for the Respondent: Ms Marshall
Solicitor for the Respondent: Altona Legal

ORDERS

DGC 3357 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR MESIC

Applicant

AND:

MS LAZAR

Respondent

ORDER MADE BY:

JUDGE JENKINS

DATE OF ORDER:

9 SEPTEMBER 2024

THE COURT ORDERS THAT:

1.It is declared that the parties were in a de-facto relationship pursuant to section 4AA of the Family Law Act 1975 (Cth) from December 2012 until May 2020.

2.Within 120 days (“the date”) the Applicant husband (“the husband”) pay to the Respondent wife (“the wife”) $571,476.25 (“the payment”). 

3.If the payment is not paid by the date, the property at B Street, Suburb C, be sold altogether out of Court by the Applicant (“the sale”) and the proceeds of sale be distributed:

(a)Firstly, to pay costs and commission of sale;

(b)Secondly, to discharge any encumbrances on the property;

(c)Thirdly to pay any Capital Gains Tax and/or Goods and Services Tax arising from the sale;

(d)The balance be divided as follows:

(i)So as to effect a 75 percent division of the total non-superannuation asset pool to the husband; and

(ii)25 percent division of the total…

Continue reading Mesic & Lazar

Sign in free to access the full text

Details
AGLC
Mesic & Lazar [2024] FedCFamC2F 1225
Case
[2024] FedCFamC2F 1225
Decision Date

CaseChat Overview and Summary

Mr Mesic and Ms Lazar were involved in a property dispute following the termination of their de facto relationship. The Federal Circuit and Family Court of Australia considered the division of their non-superannuation assets. The court was tasked with determining whether the relationship was a de facto relationship under the Family Law Act 1975 (Cth) and, if so, the appropriate division of assets.

The primary legal issues were whether the relationship was a de facto relationship, the proper quantification of the assets, and the impact of the short relationship on the parties' earning capacity. The court also had to consider the initial contributions of each party, inheritance, loans, and post-separation contributions. The court found that Ms Lazar was an unreliable witness, which influenced the weight given to her testimony.

The court held that the parties were in a de facto relationship from December 2012 until May 2020. It ordered Mr Mesic to pay $571,476.25 to Ms Lazar within 120 days. If the payment was not made, the property at B Street, Suburb C, was to be sold, and the proceeds distributed according to the terms set out in the orders. The court also ordered an equal division of cash in joint accounts and severed any joint tenancy in any real or personal estate.

Orders

Orders of the court

DGC 3357 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR MESIC

Applicant

AND:

MS LAZAR

Respondent

ORDER MADE BY:

JUDGE JENKINS

DATE OF ORDER:

9 SEPTEMBER 2024

THE COURT ORDERS THAT:

1. It is declared that the parties were in a de-facto relationship pursuant to section 4AA of the Family Law Act 1975 (Cth) from December 2012 until May 2020.

2. Within 120 days (“the date”) the Applicant husband (“the husband”) pay to the Respondent wife (“the wife”) $571,476.25 (“the payment”).

3. If the payment is not paid by the date, the property at B Street, Suburb C, be sold altogether out of Court by the Applicant (“the sale”) and the proceeds of sale be distributed:

(a) Firstly, to pay costs and commission of sale;

(b) Secondly, to discharge any encumbrances on the property;

(c) Thirdly to pay any Capital Gains Tax and/or Goods and Services Tax arising from the sale;

(d) The balance be divided as follows:

(i) So as to effect a 75 percent division of the total non-superannuation asset pool to the husband; and

(ii) 25 percent division of the total non-superannuation asset pool to the wife.

4. Unless otherwise specified in these orders and save for the purpose of enforcing any monies due under these or any subsequent orders:

(a) Each party be solely entitled to the exclusion of the other to all property (including choses in action) owned by or in the possession of such party as at the date of these orders.

(b) Each party forego any further claims they may have to any other superannuation benefits belonging to or earned by the other.

(c) Insurance policies remain the sole property of the owner named therein.

(d) Cash in any joint accounts is to be divided equally between the parties.

(e) Any monies or liabilities held in any bank or credit accounts remain the sole property of the owner named in whose name the accounts are held.

(f) Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders.

(g) Each party remain responsible for any debts in that party’s name.

(h) Any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

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

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.