Oldham & Krantz (No 2)

The matter of Oldham & Krantz (No 2) involved a dispute between the applicant, Mr Oldham, and the respondent, Ms Krantz, who were in a de facto relationship from 2011 until their separation in May 2019. The primary focus of the case was the division of the parties' property, which included the balance of the proceeds from the sale of a real property, a bank account balance, and a significant taxation debt of their company. The proceedings were marked by delays, non-compliance with court orders, and extensive procedural issues, including the self-representation of the parties and the late filing of documents.

The key legal issues the court had to address included the valuation of the property, the admissibility of evidence, and the application of the Family Law Act 1975 (Cth) in determining the fair division of assets. Given the limited and deficient evidence presented, the court was tasked with making decisions based on the minimal and often inadmissible evidence provided by the parties. The court also had to consider the duty to protect the revenue and ensure that the taxation liability of the parties' company was addressed.

The court's reasoning involved a careful examination of the evidence, despite its deficiencies. The court found that there was negligible admissible evidence to assess the respective contributions of the parties. Given the equal division of the available assets and the lack of evidence to distinguish between the parties' contributions, the court concluded that their contributions were effectively equal. Consequently, the court did not make any adjustments under section 90SM(4)(e) or consider the factors under section 90SF(3) of the Family Law Act 1975 (Cth). The court ordered that the taxation liability of the parties' company be paid from the available proceeds and bank account, and that the claims of intervening parties be satisfied from the parties' respective shares. Ultimately, the court found that there would be no funds left for the parties after these payments.

The court's final orders included the division of the remaining proceeds from the property sale and bank account, the payment of the taxation debt, and the satisfaction of claims from intervening parties. The court also noted that the orders were intended to finally determine the financial relationships between the parties to avoid further proceedings.