FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Minos & Minos [2024] FedCFamC2F 1821
File number(s): PAC 7009 of 2022 Judgment of: JUDGE OBRADOVIC Date of judgment: 18 December 2024 Catchwords: FAMILY LAW – PARENTING – Where the respondent unilaterally relocated to City B from Sydney with the children – Where the respondent currently resides in City B with the children and the applicant resides in Sydney – Where neither party is willing to move closer to the other – Where the children have close and loving relationships with each party – Where many minor matters dominate the parties’ evidence – Where the parties view each other negatively – Where the parties have both behaved poorly – Need for self-awareness and impact of behaviours – No unacceptable risk of harm or family violence
FAMILY LAW – PROPERTY – Overall contributions equal – Future needs adjustment – Only one asset of significance being the former matrimonial home which is held in the applicant’s sole name – Where one party is to retain the home and one party is to receive a lump sum payment
Legislation:
Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AB, 60CC, 60CG, 61C, 61D, 61DAA, 64C, 69ZT, 75, 79
Family Law Amendment Act 2023 (Cth)
Cases cited:
Bevan & Bevan [2013] FamCAFC 116
Blandford & Esmore [2022] FedCFamC1A 67
Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34
Carter & Wilson [2023] FedCFamC1A 9; (2023) FLC 94-129
Chapman & Chapman [2014] FamCAFC 91
Dickons & Dickons [2012] FamCAFC 154
Illgen & Yike [2018] FamCA 17
Isles v Nelissen [2022] FedCFamC1A 97
Johnson & Page [2007] FamCA 1235
Leventis & Leventis [2024] FedCFamC1A 141
Murray v Commissioner of Police [2018] QDC 96
Ramzi & Moussa [2022] FedCFamC2F 1473
Russell & Russell [1999]FamCA1875
Scott & Danton [2014] FamCAFC 203
Stanford & Stanford [2012] HCA 52
Teal & Teal [2010] FamCAFC 120
WK v SR (1997) 22 Fam LR 592
Division: Division 2 Family Law Number of paragraphs: 309 Date of hearing: 14-16 October 2024 Place: Parramatta Counsel for the Applicant: Mr Givney Solicitor for the Applicant: NSW Family Law Specialists Counsel for the Respondent: Mr Livingstone Solicitor for the Respondent: Lucy Urach & Associates ORDERS
PAC 7009 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR MINOS
Applicant
AND: MS MINOS
Respondent
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
18 DECEMBER 2024
THE COURT ORDERS THAT:
Parenting
1.The parties shall have joint decision-making in relation to the children X born in 2015 and Y born in 2017 (collectively ‘the children’).
2.The children shall live with the respondent.
3.The children shall spend time with the applicant as follows:
(a)During school term, each alternate weekend from after school on Friday until 5pm on Sunday;
(b)During school holidays, the first half in even numbered years with time to commence after school on the last day of school and conclude at 5pm on the middle Sunday of the…
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CaseChat Overview and Summary
The court found that the children had strong and loving relationships with both parents and considered it in their best interest for the children to live primarily with Ms. Minos while maintaining significant contact with Mr. Minos. The detailed parenting arrangement included alternating weekends and specific holiday periods for the children to spend time with Mr. Minos, with additional provisions for major holidays and special days. Regarding property, the court found the overall contributions of both parties to be equal but adjusted for future needs. The significant asset, the former matrimonial home, was retained by Mr. Minos, and Ms. Minos was to receive a lump sum payment. The court ordered Mr. Minos to pay Ms. Minos $384,517 within three months, with specific instructions for the sale of the property if the payment was not made.
The court emphasised the importance of self-awareness and the impact of the parties' behaviours on their relationship and the children. Both parties were directed to refrain from negative behaviours and to communicate effectively for the sake of the children. The court also outlined detailed instructions for property distribution and required the parties to sign necessary documents to effect the orders within fourteen days. If either party failed to comply, the Registrar was appointed to sign on their behalf. The form of the order was subject to review for minor errors or variations as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Orders
Orders of the court
PAC 7009 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR MINOS
Applicant
AND:
MS MINOS
Respondent
ORDER MADE BY:
JUDGE OBRADOVIC
DATE OF ORDER:
18 DECEMBER 2024
THE COURT ORDERS THAT:
Parenting
1. The parties shall have joint decision-making in relation to the children X born in 2015 and Y born in 2017 (collectively ‘the children’).
2. The children shall live with the respondent.
3. The children shall spend time with the applicant as follows:
(a) During school term, each alternate weekend from after school on Friday until 5pm on Sunday;
(b) During school holidays, the first half in even numbered years with time to commence after school on the last day of school and conclude at 5pm on the middle Sunday of the school holiday period, and the second half in odd numbered years with time to commence at 5pm on the middle Sunday to 5pm on the last Sunday of the school holiday period;
(c) For Father’s Day from 5pm on Saturday preceding Father’s Day to 5pm on Father’s Day; and
(d) At all other times as agreed to between the parties in writing.
4. Notwithstanding any other order, the children shall spend time during the Christmas and Easter Holidays as agreed to between the parties in writing but failing agreement:
(a) In even numbered years:
(i) With the applicant from 5pm on Christmas Eve until 5pm on Christmas Day, and with the respondent from 5pm on Christmas Day until 5pm on Boxing Day; and
(ii) With the applicant from 5pm on Orthodox Good Friday until 5pm on Orthodox Easter Sunday.
(b) In odd numbered years:
(i) With the respondent from 5pm on Christmas Eve until 5pm on Christmas Day, and with the applicant from 5pm on Christmas Day until 5pm on Boxing Day; and
(ii) With the respondent from 5pm on Orthodox Good Friday until 5pm on Orthodox Easter Sunday.
5. Notwithstanding any other order, the children shall spend time with the respondent for Mother’s Day from 5pm on the Saturday preceding Mother’s Day to 5pm on Mother’s Day.
6. Unless otherwise agreed in writing, changeover occur:
(a) At the commencement of the children’s time with the applicant, if time commences on a school day, then at the children’s school(s) but otherwise at the respondent’s residence, with the applicant collecting the children;
(b) At the conclusion of the children’s time with the applicant at the applicant’s residence, with the respondent collecting the children;
(c) For the purposes of Order 4 and 5, at the commencement of the children’s time with the respondent, if time commences on a school day, then at the children’s school(s) but otherwise at the applicant’s residence, with the respondent collecting the children; and
(d) For the purposes of Order 4 and 5, at the conclusion of the children’s time with the respondent at the respondent’s residence, with the applicant collecting the children.
7. The children shall have video or telephone communication with the parent with whom they are not spending time each Tuesday and Thursday between 6 and 6:30pm and otherwise in accordance with the children’s wishes and at their liberty.
8. The parties shall advise each other of any change of telephone number or residential address within 7 days of such change occurring.
Property
9. Within 3 months of the date of these Orders, the applicant shall pay to the respondent the sum of $384,517.
10. The applicant is declared the sole owner and shall retain the property located and situate at C Street, Suburb D in the State of New South Wales and more particularly described in Certificate of Title Folio Identifier … (‘Suburb D property’).
11. In default of Order 9 above, the Suburb D property shall be sold:
(a) The applicant shall do all acts and things and sign all necessary documents to affect the sale of the Suburb D property at first instance by private treaty and if the property is not sold within 3 months of default, then by auction within a further period of 6 weeks.
(b) In the event the Suburb D property does not sell by auction, then the applicant shall continue to list the property for auction every 6 weeks, with a reserve price of 5% less than that which was set at auction previously, until such time as the property is sold.
(c) The proceeds of sale of the Suburb D property shall be paid in the following manner and priority:
(i) Payment of the mortgage;
(ii) Payment of the agent’s commission and advertising or other expenses, if any, payable on the sale;
(iii) Payment of the legal costs and outlays relating to the sale;
(iv) Payment to the respondent in the amount of $384,517 plus interest calculated from the date of default to date of settlement at the rate of interest pursuant to r 10.17 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 or 55% of the net proceeds of sale (being the amount after payment of (i), (ii) and (iii) above), whichever is the greater; and
(v) The balance to the applicant.
12. That unless otherwise specified and except for the purposes of enforcing payment of any money due under these or any subsequent orders:
(a) Each party shall be solely entitled to the exclusion of the other to all property in the possession of such party as at this date including any jewellery, furniture, furnishings, shares and motor vehicles.
(b) Moneys standing to the credit of the parties in any bank accounts to be the property of the party in whose name such bank account is held.
(c) Each party hereby foregoes any claims that they may have to any superannuation benefit to or owned by the other. The party in whose name any such policy of superannuation or insurance stands shall be deemed to be the owner and the beneficiary of such policy to the exclusion of the other.
(d) Each party shall be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to this Order.
13. Each party shall do all acts and things reasonably required by the other including the signing or execution of all necessary documents to give effect to the provisions of these Orders within fourteen (14) days of being requested to do so.
14. If either party refuses or neglects to sign or execute and return a document within fourteen (14) days of a written request to do so then the Registrar of the Parramatta Registry of the Federal Circuit and Family Court of Australia is hereby appointed under Section 106A of the Family Law Act 1975 (Cth) to sign or execute such document on behalf of that party upon lodgement of such document and the filing of an affidavit of a solicitor on behalf of the requesting party as to the said neglect or refusal.
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
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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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