Newbold and Chadwick

Case [2018] FCCA 273


FEDERAL CIRCUIT COURT OF AUSTRALIA

NEWBOLD & CHADWICK [2018] FCCA 273
Catchwords:
FAMILY LAW – Property settlement – wife’s unilateral removal and personal use of joint funds following separation – discussion of “add-backs” – whether use of monies “reasonable or necessary” – “Kennon” principle – whether family violence proven – spousal maintenance.

Legislation:

Family Law Act 1975 (Cth), ss.75, (2)(o), 79,(2), (4)

Evidence Act 1996 (Cth), s.140(2)

Cases cited:

Stanford & Stanford (2012) 247 CLR 108

Russell v Russell (1976) 134 CLR 495
Goodridge & Beadle [2017] FCCA 3219
Galea v Galea (1990) 19 NSWLR 263
Jones v Dunkel (1959) 101 CLR 298
AJO & GRO (2005) FLC 93-218
Townsend & Townsend (1995) FLC 92-569
Kowaliw & Kowaliw (1981) FLC 91-092
C & C [1998] FamCA 143
Bevan & Bevan (2013) FLC 93-545

Watson v Ling [2013] FamCA 57
M & M [1998] FamCA 42
Bateman & Bowe [2013] FamCA 253
Vass & Vass [2015] FamCA FC 51
Talbot & Talbot [2015] FLC 93-660

Applicant: MS NEWBOLD
Respondent: MR CHADWICK
File Number: HBC 166 of 2014
Judgment of: Judge McGuire
Hearing dates: 6, 7 & 8 November 2017
Date of Last Submission: 8 November 2017
Delivered at: Burnie
Delivered on: 14 February 2018

REPRESENTATION

Counsel for the Applicant: Mr M Trezise
Solicitors for the Applicant: Dobson Mitchell & Allport
Counsel for the Respondent: Ms K Mooney
Solicitors for the Respondent: Waterson Legal

ORDERS

  1. That from the monies held on behalf of the parties by Pepperells Solicitors, agreed at $138,542, the husband be paid the sum of $85,602 and the wife be paid the sum of $52,940 and any interest accrued on the agreed sum be distributed in accordance with the findings of this Court generally as to the alteration of the property interests of the parties.

  2. That in all other respects each of the parties be solely entitled to the exclusion of the other to all property in that party’s procession or control as at the date of these orders including but not limited to personalty and chattels, motor vehicles, balances of bank accounts and superannuation or pension entitlements.

  3. That each party be solely responsible for and indemnify the other in respect of the following liabilities:

    (a)any and all liabilities attaching to any of the assets to be retained by that party pursuant to these orders.

    (b)any and all liabilities incurred by that party since separation in either joint names or in that party’s name alone;

    (c)that the husband be solely responsible for the (omitted) Credit Card liability.

  4. That the wife’s application for spousal maintenance be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Newbold & Chadwick is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT HOBART

HBC 166 of 2014

MS NEWBOLD

Applicant

And

MR CHADWICK

Respondent

REASONS FOR JUDGMENT

Applications

  1. The wife is the applicant. She seeks the following orders:

    (1)   The net assets of the parties, as ascertained by the Court, will…

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AGLC
Newbold and Chadwick [2018] FCCA 273
Case
[2018] FCCA 273
Decision Date

CaseChat Overview and Summary

In the matter of *Newbold and Chadwick*, heard before Judge McGuire, the dispute concerned the division of property and spousal maintenance following the parties' separation. The court was required to determine how the parties' accumulated assets and liabilities should be distributed, and whether the wife was entitled to ongoing financial support from the husband.

The central legal issues before the court were the appropriate alteration of property interests between the husband and wife, and the wife's claim for spousal maintenance. This involved assessing the contributions of each party to the marriage, their financial resources, and their respective needs and responsibilities.

Judge McGuire ordered that from the sum of $138,542 held by Pepperells Solicitors, the husband was to receive $85,602 and the wife $52,940, with any accrued interest to be distributed proportionally. In all other respects, each party was to retain sole entitlement to property in their possession or control, including personalty, chattels, motor vehicles, bank accounts, and superannuation. Each party was also ordered to be solely responsible for and indemnify the other in respect of liabilities attaching to retained assets, liabilities incurred since separation, and specifically, the husband was to be solely responsible for a particular credit card liability. The wife's application for spousal maintenance was dismissed.

Orders

Orders of the court

1.

That from the monies held on behalf of the parties by Pepperells Solicitors, agreed at $138,542, the husband be paid the sum of $85,602 and the wife be paid the sum of $52,940 and any interest accrued on the agreed sum be distributed in accordance with the findings of this Court generally as to the alteration of the property interests of the parties.

2.

That in all other respects each of the parties be solely entitled to the exclusion of the other to all property in that party’s procession or control as at the date of these orders including but not limited to personalty and chattels, motor vehicles, balances of bank accounts and superannuation or pension entitlements.

3.

That each party be solely responsible for and indemnify the other in respect of the following liabilities:

(a) any and all liabilities attaching to any of the assets to be retained by that party pursuant to these orders.

(b) any and all liabilities incurred by that party since separation in either joint names or in that party’s name alone;

(c) that the husband be solely responsible for the (omitted) Credit Card liability.

4.

That the wife’s application for spousal maintenance be dismissed.

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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