Monellis & Monellis
[2022] FedCFamC2F 1300
Federal Circuit and Family Court of Australia
(DIVISION 2)
Monellis & Monellis [2022] FedCFamC2F 1300
File number(s): ADC 2606 of 2020 Judgment of: JUDGE DICKSON Date of judgment: 28 September 2022 Catchwords: FAMILY LAW – Parenting – ten and eight year old children – where parties have remained living under the same roof since separation and up until the date of Trial – family violence allegations – where both parties’ have denigrated the other – where the husband is unlikely to shield the children from the denigration after the parties commence living separately – parental responsibility – where husband has strongly held views about medical issues including vaccinations – where it is in the best interests for the mother to have sole parental responsibility for the children but mother is to consult the father in relation to decisions she proposes to make – where the children are to live with the mother after she vacates the former matrimonial home and spend substantial and significant time with the father – best interests
FAMILY LAW – Property – parties married for eight years – where husband owned a freehold property at the commencement of cohabitation – assessment of contributions – where wife undertook the majority of parenting and household duties during the marriage – where wife has greater future needs given her future care of the children – disclosure issues – where husband has failed to disclose during the litigation – just and equitable for wife to receive 55% of the non-superannuation asset pool – equalisation of superannuation
Legislation: Family Law Act 1975 (Cth) Pts VII, VIII ss 4AB, 60B, 60CA, 60CC, 61DA, 75, 79 Cases cited: Biltoft & Biltoft [1995] FamCA 64
Gould & Gould [2007] FamCA 609
In the marriage of Patsalou (1994) 18 Fam LR 426
Jurchenko & Foster [2014] FamCAFC 127
Jurchenko v Foster [2014] FamCAFC 127, (2014) FLC 93-598, (2014) FamLR 588
L & L [2003] FamCA 40, (2006) FLC 93-254
Mazorski & Albright [2007] FamCA 520
Stanford & Stanford (2012) 247 CLR 108
Watson & Ling [2013] FamCA 57, (2013) FLC 93-527, (2014) 49 Fam LR 303
Weir & Weir (1993) FLC 92-338
Division: Division 2 Family Law Number of paragraphs: 386 Date of hearing: 5-8 July 2022 Counsel for the Applicant: Mr Tredrea Solicitor for the Applicant: Eastern Legal Counsel for the Respondent: Mr Robinson Solicitor for the Respondent: Daniel John Lawyers Counsel for the Independent Children's Lawyer: Ms Pangallo Solicitor for the Independent Children's Lawyer: Legal Services Commission of South Australia ORDERS
ADC 2606 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MONELLIS
Applicant
AND: MR MONELLIS
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
JUDGE DICKSON
DATE OF ORDER:
28 SEPTEMBER 2022
UPON NOTING THAT
A.That any reference to Mr Monellis (born in 1958) herein, also refers to and includes Mr Monellis and they are, for the purposes of the Orders, one and the same person.
THE COURT ORDERS THAT:
Children’s orders
1.All previous parenting orders in relation to the children X born in 2012 and Y born in 2014 (‘the children’) be discharged.
2.The children live with wife.
3.The wife do have sole parental responsibility for the children.
4.In the exercise of parental responsibility the wife shall:
(a)Inform the husband via email or text message of the major issue that has arisen and invite his written comments with such notice to be given to the husband within seven (7) days of such an issue arising SAVE AND EXCEPT in the event of an emergency in which case such notice shall be a soon as possible;
(b)The husband shall provide his written comments by email to the wife with seven (7) days; and
(c)The wife shall take those comments, if made, into account and then make a final decision and inform the husband of that decision.
5.The children spend time with the husband as follows:
(a)Each alternate weekend from the conclusion of school Friday (or 12:00pm if a non school day) until the commencement of school Monday (or 12:00pm if a non school day) commencing on the weekend immediately after the wife vacates the B Street, Suburb C Property; and
(b)At such other times as agreed between the parties including during school holidays, in writing.
6.Any handover not taking place at the said children’s school do occur at the wife’s residence or such other place as the parties agree in writing.
7.In addition to the special occasions set out in paragraph 25 herein the children do spend time with the husband as follows:
(a)For Greek Orthodox Easter in 2023 and each alternate year thereafter from 3:30pm Saturday until 3:00pm Sunday;
(b)For Christian Easter in 2023 and each alternate year thereafter from 3:30pm Easter Saturday until 3:00pm Easter Sunday;
8.Notwithstanding any other parenting orders made herein, the children spend time with each of the parties as follows:
(a)For the said children’s birthdays, if the children are not ordinarily in a party’s care:
(i)When such a day is not a school day then either from 9:00am until 2:00pm or from 3:00pm until 8:00pm as elected by the party not having the primary care of the child that day;
(ii)When such a day is a school day then from the conclusion of school until 7:00pm; and
(iii)The party not spending the evening with the children is to have a telephone call with the children that evening at such time to be agreed between the parties in writing or in default of agreement at 7:00pm.
(b)For the parties’ birthdays at such times as agreed between the parties in writing and if no agreement then:
(i)For the father’s birthday, if the children are not ordinarily in his care from 9:00am until 8:00pm if a non school day and from the conclusion of school until 7:30pm if on a school day; and
(ii)For the mother’s birthday, if the children are not ordinarily in her care from 9:00am until 8:00pm if a non school day and from the conclusion of school until 7:30pm if on a school day; and
9.The parties utilise text message or email or such other method as agreed between the parties in writing for the purpose of communication between them as to parenting matters SAVE AND EXCEPT in the case of an emergency when such communication shall be by telephone.
10.Each party be at liberty to call the children via video conference (Skype, FaceTime or mobile telephone) at any reasonable time.
11.The parties be restrained and injunctions be granted restraining each of them from:
(a)Abusing, denigrating, criticising, insulting, threatening or intimidating the other in the presence or hearing of the child or children or from allowing any other person to do so;
(b)Physically disciplining the children or allowing any other person to do so; and
(c)Publishing any information from or about these proceedings or any issues or allegations raised in these proceedings on any form of social media, including but not limited to Facebook and SMS text messages or from encouraging any other person to do so.
12.The husband be restrained and an injunction be granted restraining him from taking the children to the D Gun Club or any other gun club until the said children are each respectively 15 years of age or with the prior written consent of the wife having first been obtained.
13.The wife do forthwith take all steps necessary to obtain a Mental Health Care Plan from the said children’s General Medical Practitioner to enable each of the said children to attend personal counselling and with the cost of such counselling (if any) to be paid for by the wife.
14.The wife be at liberty to provide a copy of these Reasons and a copy of the Family Report of Ms E dated 18 November 2021 to the counsellor upon whom the children attend pursuant to paragraph 13 herein.
15.Within 21 days of the date hereof the wife do take all steps to make an appointment for the said children to meet with the Independent Children’s Lawyer for the purpose of explaining the terms of these orders.
16.Following the meeting referred to in paragraph 15 herein the appointment of the Independent Children’s Lawyer is discharged.
Property orders
17.All previous interim property orders be discharged.
18.By way of settlement of property or alteration in interests of property:
(a)No later than 60 days from the date of this order the husband shall pay to the wife the sum of $281,588.00 (‘the settlement sum’).
(b)Pending payment of the settlement sum referred to in paragraph 18(a) herein the husband shall be:
(i)Solely liable and shall indemnify the wife in relation to all outgoings for the property situate at B Street, Suburb C in the State of South Australia (‘the B Street, Suburb C Property’) as and when they fall due, including but not limited to:
A.Instalments of money due under the Westpac bank mortgage;
B.Rates and water;
C.Emergency Services Levy;
D.Utility expenses including but not limited to gas, electricity and telephone usage;
E.House and contents insurance premiums;
(ii)Be restrained from drawing down on the Westpac mortgage other than for the purpose of paying the wife the settlement sum referred to in paragraph 18(a) herein, at which time the injunction is hereby discharged.
(c)In the event that the husband fails to pay the settlement sum referred to in paragraph 18(a) herein then and in that event should such default continue for a period of thirty (30) days, the B Street, Suburb C property shall be listed for sale and the following shall apply:
(i)The husband and the wife shall be appointed as the trustees for the said sale and each of them shall do all acts and things and sign all necessary documents to list for sale by private treaty the B Street, Suburb C property and for that purpose the following shall apply:
A.The said Sales Agent shall be agreed between the parties in writing within 7 days from the final date of default or failing agreement as nominated by the Secretary of the Real Estate Institute of South Australia;
B.The listing price of the said B Street, Suburb C property shall be for such amount as agreed between the parties in writing or failing agreement the list price and any conditions of sale shall be nominated by the said Sales Agent.
C.The parties shall cooperate with all directions provided by the said Sales Agent in relation to the marketing of the said B Street, Suburb C property for sale, including the provision of any keys upon request, permitting open inspections to take place at all times reasonably requested by the said Sales Agent and ensuring that the said B Street, Suburb C property is left in a clean, neat and tidy order at the time of the open inspection.
(d)The proceeds of sale of the B Street, Suburb C property shall be paid in the following manner and priority:
(i)To discharge any registered mortgages against the B Street, Suburb C property;
(ii)To meet all reasonable costs of sale including payment of the Sales Agent’s commission, advertising or other expenses, if any, payable on the sale;
(iii)Payment of the conveyancing costs and outlays relating to the sale, including reimbursement to any party for any advertising or sales expenses which are to be agreed between the parties;
(iv)The settlement sum to the wife of $281,588.00, together with interest calculated to apply from the date of default to the date of payment in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
(v)The balance thereafter to the husband.
(e)The wife do withdraw at her sole expense the Caveat being Caveat number … registered over the said B Street, Suburb C property at the date of settlement or such other time as requested of her by the conveyancer.
(f)No later than thirty (30) days from the date of these orders the husband do all such acts and sign all necessary documents so as to transfer to the wife the registration and all of his right, title and interest in the Motor Vehicle 1 registration number ….
(g)Otherwise, the husband do retain as his sole property free from all claim and demand by the wife:
(i)The businesses known as “Company F” and “Company G”;
(ii)Motor Vehicle 6;
(iii)Motor Vehicle 3;
(iv)Motor Vehicle 4;
(v)Motor Vehicle 5;
(vi)Trailer;
(vii)Tools and equipment;
(viii)Gun collection;
(ix)Home safe contents (if any);
(x)Personal Savings;
(xi)All property owned by him in Greece;
(xii)Shares H;
(xiii)Furniture and personal effects; and
(xiv)Super Fund J superannuation entitlements subject to the order set out in paragraph 21(j) herein;
(h)Otherwise, that the wife do retain as her sole property:
(i)Motor Vehicle 1;
(ii)Her personal savings;
(iii)Her furniture and effects; and
(iv)Super Fund K superannuation entitlements.
(i)That in relation to the husband's superannuation entitlements with Super Fund J Superannuation Fund-Membership/Account number … ("the Fund'):
(i)the Court allocate for the purposes of section 90XT(4) of the Family Law Act 1975, a base amount of $47,332.50 to the wife from the husband's entitlement with the Fund;
(ii)that pursuant to section 90XT(1)(a) of the Family Law Act 1975 whenever a splittable payment becomes payable in respect of the husband’s entitlements in the Fund the wife shall be paid an amount calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001 using the base amount of $47,332.50 pursuant to paragraph 18(i)(i) herein and there shall be a corresponding reduction in the entitlement the husband (and any other person to whom a splittable payment may be made) would have had in the Fund but for this order;
(iii)that paragraph 18(i)(i) herein shall take effect from the operative time being the beginning of the fourth business day after the day on which an original certified copy of the final sealed Order is served upon the trustee of the Fund;
(iv)having been afforded procedural fairness, the trustees of the Fund shall be bound to observe the provisions in paragraph 18(j)(i) herein and the requirements pursuant to the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001;
(v)the parties and the trustees of the Fund shall do all such things and sign all such documents as may be necessary to comply with the provisions in paragraph 18(i)(i) herein and the requirements pursuant to the Family Law Act 1975 and the Family Law (Superannuation) Regulations 2001;
(vi)that within 7 days of this Order being made:
A.the wife shall serve a copy of this Order upon the trustees of the Fund;
B.the wife shall give notice in writing to the trustees of the Fund pursuant to regulation 72 of the Family Law (Superannuation) Regulations 2001;
(vii)that after service of payment split notice pursuant to regulation 7A.03 of the Superannuation Industry (Supervision) Regulations 1994 the wife shall do all things and sign all documents as may be necessary to, including but not limited to, exercising her request pursuant to regulation 7A.05 of the Superannuation Industry (Supervision) Regulations 1994 for the creation of new interest in her name nominated fund.
(viii)that the parties shall each pay one half of any fees charged by the trustees of the Fund in administering the payment split pursuant to paragraph 18(i)(i) herein.
19.Subject to these orders, each party do release the other party from any liability for any claim that either one might have against the other and the parties do discharge their several debts and liabilities without calling upon the other to contribute (including any income tax liability assessed in their respective names) and the wife and husband shall not pledge the credit of the other.
20.Each party do all such acts and things and sign all such necessary documents to give effect to the terms of this order.
21.It be a condition of these orders that if either party shall refuse or neglect to execute any document necessary to give effect to the terms hereof in the proper form within seven (7) days after the same has been tendered to that party by or on behalf of the other party then in such case a Deputy Registrar or Judicial Registrar of the Federal Circuit and Family Court of Australia, upon proof by affidavit of such refusal or neglect, is hereby appointed to execute and if in his or her opinion it shall be necessary to do so, to settle the same and do such other acts and things and execute other such documents as shall be necessary to give full force and effect hereto.
THE COURT ORDERS BY CONSENT THAT:
22.Each party do keep the other informed as to their residential address, current telephone number and email address.
23.These orders be sufficient authority for any healthcare professional attended upon by the said children to provide to the father any information or reports pertinent to the children’s progress and development.
24.The parties be at liberty to:
(a)Attend the children’s school, sports day, parent teacher interviews, sporting events, plays, recitals or any other events to which parents are usually invited;
(b)To obtain (at their own expense if applicable) school reports and school photographs; and
(c)To attend extracurricular activities and other special events as they occur, and the party who organises the activity or event to advise the other party of such times and dates.
25.That the children do spend time with the husband during special occasions as follows:
(a)From 3:00pm Christmas Day to 3:00pm Boxing Day in 2022 and each alternate year thereafter, with the wife to spend time with the children from 3:00pm Christmas Eve to 3:00pm Christmas Day in 2022 and each alternate year thereafter;
(b)From 3:00pm Christmas Eve to 3:00pm Christmas Day in 2023 and each alternate year thereafter, with the wife to spend time with the children from 3:00pm Christmas Day to 3:00pm Boxing Day in 2023 and each alternate year thereafter;
(c)In the event that the children are with the wife on Father’s Day, the children shall spend time with the husband from 10:00am to 5:00pm on Father’s Day NOTING THAT the husband’s time with the children is to be suspended from 10:00am to 5:00pm on Mother’s Day.
26.All extant applications be otherwise dismissed.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Monellis & Monellis has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE DICKSON:
INTRODUCTION
These are proceedings which relate to competing applications for parenting orders and property settlement between the applicant wife Ms Monellis (‘the wife’) and the respondent husband, Mr Monellis (‘the husband’).
The parties have two children of their marriage, namely X (‘X’) born in 2012 and Y (‘Y’) born in 2014 (collectively ‘the children’).
These are the Court’s reasons for Judgment following the Trial from 5 to 8 July 2022 inclusive.
DOCUMENTS RELIED UPON AT TRIAL
The wife relied upon the following documents at Trial:
(1)Amended Initiating Application filed 23 May 2022;
(2)Trial affidavit of the wife filed 23 May 2022;
(3)Financial Statement filed 23 May 2022;
(4)Affidavit in reply filed 28 June 2022; and
(5)Joint Balance Sheet filed 28 June 2022.
The husband relied upon the following documents at Trial:
(1)Amended Response to Initiating Application filed 22 June 2022;
(2)Trial affidavit of the husband filed 22 June 2022; and
(3)Financial Statement filed 22 June 2022.
The Independent Children’s Lawyer relied on the Family Report of the Court Child Expert Ms E (‘the Court Child Expert’) dated 18 November 2021 (‘the Family Report’).
The following exhibits were also tendered during the course of the Trial:
The wife
(1)ANZ Pensioner Advantage Account from 27 May 2022 to 23 June 2022 and ANZ Progress Saver Account from 17 June 2022 to 22 June 2022 (Exhibit W1);
(2)Written Submissions prepared on behalf of the wife (Exhibit W2); and
(3)Final Balance Sheet filed on behalf of the wife (Exhibit W3).
The husband
(1)ANZ Pensioner Advantage Statement Number …9 in the name of the wife from the period of 27 November 2020 to 29 January 2021 and Statement Number …3 for the period of 29 November 2019 to 29 January 2020 and Progress Saver Account Statement Number … 0 in the name of the wife from the period of 17 December 2020 to 17 June 2021 (Exhibit H1);
(2)Bundle of realestate.com print outs for properties listed for sale in B Street, Suburb C on B Street (Exhibit H2);
(3)Westpac Rocket Statement in the name of the husband for the period 11 February 2022 to 13 May 2022 (Exhibit H3);
(4)Residential property valuation of B Street, Suburb C jointly instructed by Law Firm L and Law Firm M by Law Firm N dated 2 February 2021 (Exhibit H4); and
(5)Letter from Law Firm L to the husband dated 26 November 2021 in relation to costs (Exhibit H5).
The Independent Children’s Lawyer
(1)Report from Mr O of P Counsellors dated 5 November 2021 in relation to the husband (Exhibit I1);
(2)Letter dated 30 June 2022 from Department of Child Protection to the Independent Children’s Lawyer Mr Seymour (Exhibit I2);
(3)Draft proposed consent minute agreed to by the parties (Exhibit I3); and
(4)Proposed Minutes of Order from the Independent Children’s Lawyer (Exhibit I4).
ISSUES IN DISPUTE
The main issues in dispute for determination by the Court at Trial were as follows:
(1)The apportionment of parental responsibility;
(2)The care arrangements for the children between the parties;
(3)The percentage division of the net non-superannuation assets between the parties. Intertwined in this are disputes in relation to value of or existence of various assets and “addbacks”;
(4)Whether or not the husband should have an opportunity to pay the wife a settlement sum or if the former matrimonial home should be sold immediately; and
(5)Whether or not there should be a superannuation splitting order made in favour of the wife and if so, the date upon which the balance of the husband’s superannuation should be used in order to make a splitting order in favour of the wife.
BACKGROUND
The wife was born in 1985 and was 37 years of age at the date of Trial.
The husband was born in 1958 and was 64 years of age at the date of Trial.
The parties are both of Greek heritage.
The parties commenced cohabitation in 2010. They married in 2012.
The child X was born in 2012 and is now age 10 years.
The child Y was born in 2014 and is now aged 8 years.
The parties separated for the final time in October 2018. The parties continue to live under the same roof at the former matrimonial home at B Street, Suburb C (‘the former matrimonial home’).
The parties were divorced in 2020.
As at the date of Trial, the parties were still living separately under the same roof at the former matrimonial home, being a period of four years since the date of final separation.
An order was made pursuant to section 102NA on 30 November 2021 preventing the husband from personally cross examining the wife at Trial.
THE WIFE’S POSITION
Pursuant to her Amended Initiating Application filed 22 May 2022, the wife sought the following orders at Trial:
Parenting
1.That the parties have equal shared responsibility for the children of the marriage [X] born [in] 2012 and [Y] born [in] 2014.2.That the applicant wife do have sole parental responsibility for the children of the marriage [X] born [in] 2012 and [Y] born [in] 2014 ("the Children").
3. That the said children live with the applicant wife.
4.That the husband spend time 1.vith the said children as agreed or as ordered by the Honourable Court.5. That the children spend time with the respondent husband:
(a) each alternate weekend from 9:30am on Saturday until 5:00pm on Sunday; and
(b) at other times as agreed.
6. That all handovers are to take place at the applicant's residence.
7.That the children spend special time with the respondent, with such time taking precedence over time as set out at paragraph 3 herein, as agreed or failing agreement as follows:
(a) For Christmas; In 2022 and each alternate year thereafter from 3.00pm Christmas Eve until 1:00pm Christmas Day.
(b) for Christian Easter; in 2023 and each alternate year thereafter from 3.30pm on Easter Saturday until 3:00pm Easter Sunday.
(c) for Orthodox Easter: in 2023 and each alternate year thereafter from 3.30pm on Easter Saturday until 3:00pm Easter Sunday.
(d) for Father's Day, if the Children are not ordinarily in a party's care, from 5.00pm on the Saturday prior to Father's Day until 5.00pm on Father's Day;
(e) for Children's birthdays, if the Children are not ordinarily in a party's care:
(i) when such a day is not a school day either from 9:00am until 2:00pm or from 3.00pm until 8:00pm;
(ii) when such a day is a school day, from the conclusion of school until 7:00pm; and
(iii) the party not spending the evening with the Children is to have a telephone call with the Children that evening; and
(f) for the parties' birthday s as a reed and if no agreement then as follows:
(i) for the father's birthday, if the Children are not ordinarily in his care, from 9:00am until 8:00pm if not a school day and from the conclusion of school until 7:30pm if on a school day; and
(ii) for the mother's birthday, if the Children are not ordinarily in her care, from 9:00am until 8:00pm if not a school day and from the conclusion of school until 7:30pm if on a school day.
8.That the parties use text message or email, or any other method as agreed in writing between them for the purpose of communication between them as to parenting matters except in the case of emergency when communication shall be by telephone.
9.That the parties keep each other advised at all times of their residential address and current telephone number and email address.
10.That each party be at liberty to call the Children via video conferencing (Skype, Facetime, or mobile phone) at any reasonable time.
11.That the husband be restrained, and an injunction is hereby granted restraining him from:
(a) denigrating the wife or members of the other wife's family to the children or in the presence of the children;
(b) and from taking the children to the D Gun Club or any other gun club until the children are 15 years of age.
12.That both parties use their best endeavours to ensure that no other person denigrates the other party or members of the other party's family to the children or in the presence of the children.
13. That the parties be at liberty to:
(a) attend the children's school sports day, parent/teacher interviews, sporting events, plays, recitals or any other events to which parents are usually invited or attend;
(b) to obtain (at their own expense, if applicable) school reports and school photographs; and
(c) to attend extra-curricular activities and other special events as they occur, with the party who organises the activity or event to advise the other party of such times and dates.
14.That in the event of an emergency concerning the children, the party with the care of the Children shall contact the other party as soon as possible and that part shall be allowed to attend upon the Child/ Children.
Property
15.That by way of settlement of property, the respondent husband pay the applicant \Vife a sum of money that is just and equitable having regard to the following orders.16. That the husband retain the former matrimonial home subject to these orders.17.That by way of settlement of property or alteration in interest of property the assets of the parties, after first accounting for each of the assets to be retained by them, be divided equally.
18.That forthwith the property situated at and known as [B Street, Suburb C], being the whole of the land comprised and described in Certificate of Title, Register Book Volume […] Folio […] (hereinafter referred to as ("the matrimonial home") be placed on the market for sale forthwith and be offered for sale by public auction or private treaty as the parties may agree with the net proceeds of sale to be divided pursuant to paragraph 17 herein.
19.That pending the sale of the matrimonial home the husband do make all instalments of principle and interest pursuant to the memorandum of mortgage no […] ("the matrimonial home mortgage"), and do pay all rates, taxes and other outgoings with respect to the former matrimonial home, and do keep the former matrimonial home in good order and repair.
20.That with respect to the matrimonial home the husband be restrained and an injunction granted restraining the husband from disposing of, further encumbering or otherwise dealing the former matrimonial home SAVE AND EXCEPT with the written consent of the wife.
21.That on the settlement date of the matrimonial home the wife do, at her sole expense withdraw caveat number […].
22.That the husband do transfer the [Motor Vehicle 1] to the applicant wife on an unencumbered basis.23.That forthwith the husband do transfer to the wife his interest both at law and in equity in the [Motor Vehicle 1] on an unencumbered basis.
24.That there be an appropriate division of the household furniture and effects as agreed between the parties.
25. That the applicant wife retain her separate savings and any investments.
26.That subject as aforesaid the husband retain his vehicles, any business assets and separate savings and investments.
27.Each party otherwise shall retain any assets or financial resources presently held by them.
29.That there be a superannuation splitting order to equalise the party's superannuation balances.
30.Such further or other order or orders as the Honourable Court deems appropriate.
At the commencement of the closing submissions counsel for the wife tendered a document called “Closing Submission of the Wife” (Exhibit W2). The orders in Exhibit W2 varied the wife’s position to now seek a 60% adjustment of the net non-superannuation assets and continued to promote an equalisation of superannuation entitlements which on the wife’s case would see a superannuation splitting order in her favour of $50,053.00.
THE HUSBAND’S POSITION
By way of his Amended Response to Initiating Application, the husband sought the following final orders at Trial:
A. CHILDREN
1. That all previous parenting Orders be hereby discharged.
2.That the father and mother have equal, shared parental responsibility and for this purpose they shall be iointly responsible for making decisions about any major, long-term issues in the care, welfare and development of the children of the relationship, [X] born [in] 2012 and [Y] born [in] 2014 ("the children") that may arise.
3.That the children do live with each parent on a "week about" basis, with handovers to be at the conclusion of school on Fridays (or at 3:00pm on a non-school day).
4.That in addition to paragraph 3 of these Orders, the children do spend time with their father during special occasions as follows:
4.1 (i) from 3:00pm Christmas Day to 3:00pm Boxing Day in 2022 and each alternate year thereafter, with the mother to spend time with the children from 3:00pm Christmas Eve to 3:00pm Christmas Day in 2022 and each alternate year thereafter: and
(ii) from 3:00pm Christmas Eve to 3:00pm Christmas Day in 2023 and each alternate year thereafter, with the mother to spend time with the children from 3:00pm Christmas Day to 3:00pm Boxing Day in 2023 and each alternate year thereafter.
4.2 In the event that the children are with their mother on Father's Day, the children shall spend time with their father from 10:00am until 5:00pm on Father's Day (and the father's time with the children is to be suspended from 10:00am to 5:00pm on Mother's Day).
4.3 At such other times as may be agreed between the parties in writing.
5.That all handovers which do not occur at the children's school, do occur at the former matrimonial home situated at [B Street, Suburb C], or at such other location as agreed between the parties in writing.
6.The parties do communicate with each other via SMS text message with respect to matters regarding the care, welfare and of the child.
7.That the parties do utilize a Communication Book which is to relevant information regarding the health and welfare of the child; with the Communication Book to accompany the parent who has the children in their care at the relevant time and shall be exchanged at all handovers, and all of the entries made in this book by the each of the respective parents must be in a form of language that is not critical, judgmental or derogatory with respect to the other parent.
8.That these orders be sufficient authority for any school or health professional attended upon by the children to provide to the father any information or reports pertinent to the children's progress and development.
9.That the father be entitled to attend at all of the children's school events, including, but not limited to, activities such as school concerts, school sport days, parent/teacher interviews and the like.
1O.That the parties keep each other informed at alI times of a contact mobile telephone number and their current residential address.
11.That the parties shall keep the other informed of any major medical issues involving the children, particularly of any medical attention or treatment received by the children, any medication requirements or medical appointments, and this notification shall be as immediate as practicable in the event of a medical emergency.
12.That neither party shall denigrate or permit any other person to denigrate the other party or any member of the other party's family or friends in the presence or hearing of the children.
13. That the Applicant Mother pay the costs of and incidental to these proceedings.
B. PROPERTY
1.That the Respondent Husband do retain sole right, title and interest in the property situated at and known as [B Street, Suburb C] in the State of South Australia, being the whole of the land comprised in Certificate of Title Volume […] Folio […] ("the former matrimonial home"), and the respondent shall be solely liable for the mortgage that is secured over that property and solely liable for any liabilities owing in relation to that property, either at the present time or at any time in the future, and the respondent shall indemnify the applicant with respect to those liabilities.
2.That within one hundred and twenty (120) days of Final Orders, the Respondent Husband shall pay to the Applicant Wife a total settlement sum of $26,677.00 (so as to achieve a 75%-25% division of the matrimonial asset pool in favour of the Respondent Husband).
3.That within ninety (90) days of the settlement sum having been paid to the Applicant Wife, the Applicant wife do vacate the former matrimonial home.
4.That within thirty (30) days of Final Orders, the Applicant wife do all such acts and sign all necessary documents so as to remove the Caveat registered by her with the respect to the former matrimonial home at her sole cost.
5.That within thirty (30) days of Final Orders, the Respondent Husband do all such acts and sign all necessary documents to transfer to the Applicant Wife the registration and all of his right, title and interest in the [Motor Vehicle 1] Registration No. […]. ·
6.That the Respondent Husband retain all of his right, title and interest in the business trading under the registered business name "[Company F]" free of all further claim or demand or right and entitlement of the Applicant Wife.
7.That there be an equal division of the parties' respective superannuation interests. This order was abandoned when the Trial commenced. The husband proposed that each party retain their respective superannuation without adjustment.
8.That subject to these orders all personalty in the possession of the Applicant Wife including, without limiting the generality of the foregoing, the applicant's bank savings, motor vehicle, and any furniture, furnishings and effects in the possession of the applicant shall vest absolutely in the applicant free of all further claim or demand or right and entitlement of the respondent.
9.That subject to these orders all personalty in the possession of the Respondent Husband including, without limiting the generality of the foregoing, the respondent's bank savings, shares, motor vehicles, tools, gun collection, and any furniture, furnishings and effects in the possession of the respondent shall vest absolutely in the respondent free of all further claim or demand or right and entitlement of the applicant.
10.Save and except as specifically otherwise provided by these Orders, each party shall be liable and responsible for the payment of their personal debts including credit card debts and personal loans incurred in his or her name and shall release the other from any liability in respect thereto.
11.In default of the parties or either of them doing all acts and things and executing all such documents as are necessary to give effect to these Orders, a Registrar of the Court be appointed pursuant to Section 106A of the Family Law Act 1975 to do all such acts and things necessary to give validity and operation to the said Orders.
12.That the Applicant Wife do pay the Respondent Husband's costs of and incidental to these proceedings.
In closing submissions the husband’s counsel also altered the husband’s position and proposed orders sought. The husband’s submissions at the conclusion of the Trial as to proposed orders are set out in paragraphs 228 to 239 of these Reasons.
THE INDEPENDENT CHILDREN’S LAWYER’S POSITION
In an Outline of Case document filed on 4 July 2022, the Independent Children’s Lawyer sought the following orders:
C. Final Orders sought by the Independent Children’s Lawyer
1.That the Mother have sole parental responsibility for the children [X] (born [in] 2012) and Y (born [in] 2014).
2. That the children do live with the Mother.
3.That the children spend time with the Father each alternate weekend from 9:30 am in Saturday until 5:00 pm Sunday and at any other times as agreed between the parties.
4.The ICL is prepared to adopt the special occasion time spending arrangments as promoted by the Mother.
5.That the Father be restrained and an injunction is hereby granted restraining him from:
a.Denigrating the Mother or members of her family to the chidlren or in the presence of the children or allowing any other person to do so;
b.Taking the children to the [D] Gun Club or any other gun club until the children are 15 years of age.
At the commencement of closing submissions, counsel for the Independent Children’s Lawyer tendered a proposed Minute of Order (Exhibit I4) proposing the following final orders, as follows:
IN ADDITION TO THE ORDERS ALREADY AGREED BETWEEN THE PARTIES BY CONSENT FINAL ORDERS PROMOTED BY THE INDEPENDENT CHILDREN’S LAWYER
1. That all previous parenting Orders be discharged.
2.That the Applicant Mother do have sole parental responsibility for the children [X] (born [in] 2012) and [Y] (born [in] 2014) (‘the children’).
3. That the said children live with the Mother.
4. That the said children spend time with the Father as follows:
4.1. Each alternate weekend from the conclusion of school Friday (or 3:00 pm if a non-school day) until 6:00 pm Sunday;
4.2. On each Wednesday from the conclusion of school (or 3:00 pm if a non-school day) until 7:00 pm; and
4.3. Any other times as agreed between the parties in writing.
5.That each party be at liberty to telephone the children via video conferencing at any reasonable time.
6.During the periods of school holidays the time that the children spend with the Father in paragraph 4.2 of these Orders be extended so that the time commences at 12:00 midday.
7.The parties, except as otherwise provided for in these Orders, shall communicate via the My Family Wizard app or by such other means as may be agreed between the parties with such communication limited to matters concerning the child’s education, health and welfare.
8.That in the event the child suffers an illness or injury requiring urgent medical attention and/or hospitalisation whilst in the care of a parent, that parent shall contact the other parent by mobile telephone at the earliest possible opportunity and the other parent shall also be at liberty to visit the said child in hospital or at any other facility at which the child may be receiving treatment.
9.That the parties be restrained and injunctions be granted restraining each of them from:
9.1. Abusing, denigrating, criticising, assaulting, threatening or intimidating the other in the presence or hearing of the child, or at all, or from allowing any other person to do so;
9.2. Physically disciplining the children or allowing any other person to do so;
9.3. Publishing any information from or about these proceedings or any issues or allegations raised in these proceedings, on any form of social media, including but not limited to Facebook and SMS text messages, or from encouraging any other person to do so.
10.That the Husband be restrained and an injunction be granted restraining him from:
10.1. Taking the children to the [D] Gun Club or any other gun club until the children are 15 years of age.
11.That the Mother forthwith take all steps necessary to obtain a Mental Health Care Plan from the children’s general practitioner for each of the children to be able to attend counselling.
12.That the Mother forthwith make arrangements for the children to attend on [Mr Q] with the first appointment to include the attendance of the Independent Children’s Lawyer as set out in these Orders.
13.That the Mother shall facilitate and ensure the children’s attendance on Mr Q.
14. That both parents shall share equally the cost of such counselling.
15.The that children meet with the Independent Children’s Lawyer within 30 days of the making of these Orders with Mr Q for one occasion only for the purpose of explaining these Orders and that thereafter the appointment of the Independent Children’s Lawyer is discharged.
16. All extant applications are dismissed as finalised.
THE EVIDENCE
The wife
The wife adopted the evidence as set out in the primary Trial affidavit filed on 23 May 2022 (‘the primary Trial affidavit’) and the affidavit in reply filed on 28 July 2022 (‘the affidavit in reply’).
The wife gave no further evidence in chief.
The wife was cross examined by the husband’s counsel extensively regarding the nature of the relationship between the parties. The wife agreed that both of the parties had engaged in arguments and had both raised their voices at each other at various times. It was the wife’s evidence however that the husband was able to “show his authority” because his voice was “higher”.
The wife was cross examined about a statement provided to the South Australian Police (‘SAPOL’) dated 17 March 2015 being Annexure -1 to the husband’s Trial affidavit. The wife conceded that she had signed the document instructing SAPOL to withdraw charges against the husband of aggravated assault, after the husband had “kicked me to the head on the right side of my ear”.
The wife agreed that she had informed SAPOL that both parties intended to participate in anger management counselling and that both parties would become angry at one another after their relationship deteriorated following the birth of the child Y.
The wife described the marriage being under significant stress with a newborn who had health issues and alleged that the husband would not help her parent the children. The wife on several occasions described herself as being “frustrated” and with the husband being described by her as “angry”. The wife conceded that she had attended at P Counsellors for the purpose of anger management counselling with a therapist, but had really undergone as what she described as “counselling” in relation to her personal situation rather than for “anger” counselling per se.
On several occasions the wife confirmed her evidence that she had withdrawn the charges of aggravated assault against the husband as a direct consequence of the husband convincing her that if he was convicted of assault he would lose his construction licence and consequently the family would lose their income and then their home. The wife described herself as being “scared” of this prospect and accordingly followed the husband’s instruction to have the charges withdrawn. I accept the wife’s evidence in this regard.
When asked why she had simply not moved out with the children, the wife described not wanting to leave the home and move into unstable accommodation and that she wanted to keep the children “safe”. By doing so the observation should be made that following separation the wife remained living under the one roof with the husband. The children have now been exposed to volatile and explosive arguments between their parents for a period of four years, a situation which could hardly be described as “safe”.
When asked as to whether or not she conceded that the children were safe in the care of the husband, the wife answered “to a point”. The wife went on to describe that she “did not believe that the husband would kill us” and that whilst the husband had “lifted his hands” to her and Y, this had not been the same experience for the eldest child X.
The parties have remained living under the one roof since final separation in October 2018 with the wife moving into a separate bedroom and the child X sleeping with his father in the former marital bed. The wife’s evidence was that she objected to this arrangement believing that X at the age of 10 years should be sleeping independently. To date, the wife has acquiesced to this arrangement, indicating that it was easier to cooperate with the sleeping arrangement imposed by the husband rather than causing a further disagreement.
The wife denied that the husband undertook cleaning, cooking, gardening or childcare during the marriage, but conceded that he had worked as a construction worker to provide for the family’s financial needs.
The wife was critical of the husband’s non financial contribution, stating that the husband could have relied on his employees to undertake more of the work associated with the business and to assist in the care of the children. It was the wife’s evidence that the husband “prioritised his work” and also continued to work on weekends when the children were not at school.
The wife denied that the husband had taken the children to their extracurricular activities and stated that the husband had objected to the children attending Greek School after being informed that the children would be “blessed” by the Priest.
The wife was cross examined about an argument which took place in 2010 where a knife was brandished by her. The wife asserted that the husband had approached her in a manner which she considered to be threatening. Accordingly, the wife had picked up the knife to protect herself whilst yelling at the husband. The wife denied saying that she “wanted to kill the husband” or any words to that effect. The wife denied “yelling” but conceded that she had “raised her voice”.
The topic of whether or not the wife engaged in “yelling” was extensively explored by the husband’s counsel. The wife agreed that she raised her voice at the husband quite loudly at times, but would not concede that this would be perceived as “yelling” despite being pressed by the husband’s counsel. The wife explained that her words were “not said in anger”. The wife denied calling the husband profane language or referring to members of his family in similar terms. The wife became emotional when describing how the husband referred to her as a “monster” in front of the children, which was a turn of phrase that the child X has now allegedly adopted when talking about his mother.
The wife was cross examined about an incident which occurred on 20 March 2019 when the husband asserts that he was assaulted by the wife resulting in bruising to his right thigh. The wife vigorously denied assaulting the husband on that occasion or at all. The wife stated that the husband could have reported the assault to the police but he did not do so. The wife observed that she was of a far smaller stature than the husband and commented that “he is more powerful”.
The wife agreed that SAPOL had been called to the parties’ home on a number of occasions, including following an argument over a mobile phone. The wife described the husband as having made “false allegations” regarding her to SAPOL in December 2019 when they attended at the marital residence. The husband alleged that the wife had physically assaulted him and also broken his mobile phone. The husband reported the incident but requested that SAPOL not proceed with his complaint.
The wife conceded to having telephoned SAPOL in September 2020 to complain about the husband playing “loud music” in the home, but subsequently reconsidered her complaint and instructed the police not to attend.
Both parties called or reported incidents to SAPOL during the marriage and post separation. Despite the opportunity to do so, neither party proceeded with their complaints. The children have been aware of SAPOL attending due to arguments between their parents.
The wife conceded that the husband has paid the children’s music lessons and school fees, but that she has been responsible for the purchase of food for herself and the children since the date of separation.
The wife conceded that she would raise her voice to the children but denied that this could be perceived as “shouting”. The wife denied referring to the children in derogatory terms as alleged by the husband. I accept her evidence in this regard.
The wife conceded that the husband owns firearms which are stored in a gun safe in the office at his home. The office is situated in a granny flat. The wife’s position is that the children should not be exposed to any form of firearms at all until they are 15 years of age. The wife described herself as being “against guns” and considered that the husband could engage in other activities with the children such as “bowling”. The wife accurately described firearms as being “lethal weapons”.
Despite the wife’s concerns with respect to the children’s exposure to firearms, the wife conceded under cross examination that she had no fear in relation to the children spending time with the husband and nor did she personally fear the husband “anymore”.
Despite the concessions in this regard, the wife continued to maintain that the husband was still abusive, but that such abuse was not at a level to cause her to move out until she received her final payment for property settlement.
The wife considered the husband stating that he would “not pay for her funeral” and entering her room to look at her after turning on the lights, before leaving the room shortly thereafter, to be “unusual”. The wife considered whether or not the husband was “thinking of doing something”. Notwithstanding those concerns, this was still insufficient to persuade the wife to leave the home for her safety or that of the children. The wife stated that she had simply reported those incidents to ensure that someone had a record of them in the event that something happened to her personal safety. The wife went on to clarify that she did not take those incidents to be a threat.
The wife was cross examined as to why she was seeking the orders in her Amended Initiating Application filed on 23 May 2022.
The wife explained that she now sought an order for sole parental responsibility because her children’s health comes first. The wife explained that her children came first over “anything”. The wife considered that she would be a better parent than the husband as she would not expose them to psychological harm or object to medical procedures recommended by the children’s treating practitioners.
On the question of the children’s medical needs, the wife was cross examined about proposed medical interventions for each of the children. The wife stated the child X may require a tonsillectomy. The wife also seeks to have the child Y assessed as to whether or not she requires growth hormone treatment. The wife’s evidence is that the husband is aware of the appointments for the children with medical specialists but fails to attend. On that basis, the wife considers that she should have the responsibility for making decisions in relation to these issues.
The wife was cross examined on the issue of discipline of the children. She conceded that a letter was forwarded to the husband’s solicitors dated 12 May 2022 complaining about the husband using physical punishment on the children. The wife was adamant that the children should not be physically disciplined, particularly in circumstances where the husband thereafter showed affection to the children. The wife considered that this would cause the children confusion.
The wife conceded having prepared an “agreement” which the husband had signed, being Annexure A2 to her Trial affidavit filed 28 June 2022. The agreement records what might be described as sensible best practice for children such as bedtimes, homework and the use of electronic devices. The wife complained that notwithstanding signing the agreement, the husband had continued to “do the opposite to what I had asked”.
With respect to property issues, the wife conceded that she had worked in Melbourne prior to moving to Adelaide to take up cohabitation with the husband in late 2010. Having completed high school, the wife then worked at Employer S before gaining employment as a sales assistant for a period of six years. After working briefly in Adelaide, the wife had then ceased employment after falling pregnant with the child X. The wife’s evidence was that having had children, the husband forbade her from working and wanted her to be a “stay at home mother”. The wife described the husband as being happy to be “the man of the house and do what he wanted”.
Presently the wife is working in allied health care, an occupation that the wife seeks to remain in. The wife has completed a number of courses, including at TAFE to progress her career. The wife is currently employed by “Employer T” and has continued to work about 18 hours per week. The hours are said to be flexible commencing at around 8:30am or 9:00am and concluding prior to the children ceasing school at 2:30pm or 3:00pm each day. The wife stated that she hoped in future to do further training to enable her to undertake showering or other personal work which would enable her to receive a higher hourly rate. Currently the wife is paid just under $30.00 an hour and works five days per week.
At the date of cohabitation the wife conceded that she had $55,000.00 in personal savings. The wife commenced receiving Centrelink entitlements following the birth of the parties’ eldest child and she retained both the Baby Bonus and the Family Tax Benefit for her own personal usage. From her savings the wife had paid $10,000.00 towards the Motor Vehicle 1 and had also contributed towards outgoings in the marriage, two overseas holidays and personal expenditure.
The wife conceded that during the marriage and prior to separation, the husband had paid all bills and school fees. The wife had paid for vacation care and her own clothing. The husband had cancelled the wife’s use of a credit card in 2020. Thereafter, the wife has been solely responsible for her own expenditure, including food for herself and the children.
The wife denied that the husband had undertaken all of the maintenance and gardening work around the former matrimonial home. The wife described personally undertaking the mowing of the lawns, sweeping and landscaping, pulling out weeds and other maintenance chores.
In relation to the allegation that the husband owns land in Greece, the wife’s evidence was that the husband informed her in 2013 that he owned a block of land in his village. In 2017, the wife alleges that she was informed by the husband’s mother that the land would be given to the husband. The wife conceded that the figure ascribed in the Balance Sheet for the value of the Greek land was a “guess”. Similarly, the Motor Vehicle 5 motor vehicle said to be owned by the husband in Greece is unvalued and the figure ascribed is the wife’s best estimate. The wife gave evidence that she had selected the car for the husband when they were living in Melbourne 12 years ago and he had retained the vehicle which was stored on his block of land in Greece.
The wife conceded that her savings had increased by $8,000.00 since the parties had commenced cohabitation. The wife denied that the savings had increased because the husband “paid for everything”, rather the wife described herself as a “good saver”.
When cross examined by the Independent Children’s Lawyer, the wife was asked about an incident wherein it was alleged that she had assaulted the husband by scratching his face. When it was put to the wife directly, she denied scratching the husband’s face. It was pointed out to the wife that in paragraph 42 of the Family Report she had conceded that such an incident took place. The wife then changed her evidence and stated that there “might have been an incident when I scratched the husband”. The wife conceded referring to the father as “stupid” saying that the use of this term was “quite possible”. The wife denied putting the husband down in front of the children and stated that on any occasion when she referred to the husband as “stupid”, it did not take place in the presence of the children.
Under cross examination by counsel for the Independent Children’s Lawyer, the wife varied her proposal for time spending between the husband and the children. The wife proposed that the children spend time with the father each alternate weekend from Friday to 6:00pm Sunday, plus once a week from the conclusion of school for a mealtime. The wife remained opposed to any extended time during any school holidays, stating that Y’s alleged ongoing issue in relation to her dietary needs and eating habits remained of concern. The wife’s evidence was that the child Y is a fussy eater and whilst in the care of the husband this is not attended to. The wife described sitting with Y to make sure that she ate her food. The husband however determined (according to the wife) that the children could eat whatever they like.
The husband should have the opportunity to retain the former matrimonial home. I propose to make an order restraining the husband from drawing down on the existing mortgage other than to pay the wife her settlement sum, at which time the injunction will be discharged. This will ensure that there is a maximum limit on the equity in the former matrimonial home to pay the wife her settlement sum.
(p) the terms of any financial agreement that is binding on the parties to the marriage
Not applicable.
(q) the terms of any Part VIIIAB financial agreement that is binding on a party to the marriage
Not applicable.
THE OVERALL EFFECT OF FUTURE NEEDS
The husband is 64 years and the wife is 37 years. The husband earns (or has the capacity to earn) significantly more than the wife. As a self-employed person, the husband also has the capacity to manipulate his income. The husband asserts that he wishes to retire at 67 years in three years’ time. Should retirement occur as the husband proposes, then paradoxically the wife will be largely responsible for the financial support of two children who will then be aged 13 and 11 years respectively.
The wife’s ongoing primary care of the children and the likely lack of future financial support of the children warrants a significant adjustment on the facts of this case which I assess at 10%.
Furthermore, the husband’s failure to comply with his obligations for disclosure have rendered it impossible for the Court to conclude with certainty the asset pool. This also applies to the drawdown on the mortgage during the marriage which has decreased the equity in the asset pool by nearly $203,000.00 as at the time of Trial. A further adjustment of 5% is warranted in the circumstances.
Overall, therefore an adjustment of 15% should be made in favour of the wife based on section 75(2) factors in this case.
OVERALL ADJUSTMENT
For the reasons set out herein I propose to apply a 55/45% adjustment of the net non-superannuation assets of the parties in favour of the wife and to equalise the parties’ superannuation.
I find that 55% of the net superannuation pool is $344,849.00. Prior to any adjustment, the wife will retain assets totalling $63,261.00.
This will result in the husband paying a settlement sum to the wife in the sum of $281,588.00.
The parties’ respective superannuation entitlements will be equalised resulting in a split to the wife’s fund from the husband’s fund of $47,332.50.
JUSTICE AND EQUITY
Having assessed contributions and other relevant matters, the court is required to consider whether, in light of those assessments and the actual property to be divided, the proposed exercise of discretion is just and equitable.
Having regard to the facts of the case and my findings therein, I am satisfied that it is just and equitable to permit the husband an opportunity to retain the former matrimonial home. I will restrain the husband from further drawing down on the mortgage other than to pay the wife her settlement sum and thereafter the injunction will be discharged.
The parties’ superannuation entitlements will be equalised. Whilst the husband is older than the wife, she did not work for a significant period whilst caring for the children. Her superannuation balance was therefore reduced whilst the husband worked.
For the abovementioned reasons, I make the orders as set out at the commencement of these Reasons for Judgment.
I certify that the preceding three hundred and eighty-six (386) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Dickson. Associate:
Dated: 28 September 2022
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