Olesk & Olesk

[2025] FedCFamC2F 574

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Olesk & Olesk [2025] FedCFamC2F 574

File number(s):

PAC 5222 of 2023

Judgment of:

JUDGE NEWBRUN

Date of judgment:

7 May 2025

Catchwords:

FAMILY LAW – PROPERTY – Just and equitable orders made.

Legislation:

Family Law Act 1975 (Cth)

Cases cited:

Boulton & Boulton [2024] FedCFamC1A 132

Scott & Munayallan(No 12) [2023] FedCFamC1F 665

Weir & Weir (1993) FLC 92-338

Division:

Division 2 Family Law

Number of paragraphs:

92

Date of hearing:

8-9 April 2025

Place:

Parramatta

Counsel for the Applicant:

Mr Schonell

Solicitor for the Applicant:

Croker Edwards

Counsel for the Respondent:

Mr Brook

Solicitor for the Respondent:

Sarah Bevan Family Lawyers

ORDERS

PAC 5222 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS OLESK

Applicant

AND:

MR OLESK

Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	7 MAY 2025

THE COURT NOTES THAT:

Recitals

A.In these Orders, the following definitions apply:

(i)The B Street property means the property situated at and known as B Street, Suburb C in the State of New South Wales, being the whole of the land comprised in Certificate of Title Folio Identifier …;

(ii)The D Street property means the property situated at and known as D Street, Suburb C in the State of New South Wales, being the whole of the land comprised in Certificate of Title Folio Identifiers … & …;

(iii)The E Street property means the property situated at and known as E Street, Suburb C in the State of New South Wales, being the whole of the land comprised in Certificate of Title Folio Identifier …; and

(iv)The Suburb G property means the property situated at and known as F Street, Suburb G in the State of New South Wales, being the whole of the land comprised in Certificate of Title Folio Identifier ….

AND ON A FINAL BASIS THE COURT ORDERS THAT:

1.On or before the date that is 7 days following the date of these Orders, the Husband deliver to the Wife the original Certificate of Title to the B Street property, if such document exists;

2.On or before the date that is 21 days following the date of these Orders, the Husband do all acts and things and sign all documents necessary to transfer to the Wife all of his right, title and interest in the B Street property, with the Wife to be responsible for payment of the Land Registry Services fee for registering the Transfer and with the parties to each be responsible for their respective PEXA and legal/conveyancing fees in respect of the transfer;

3.On or before the date that is 28 days following the date of these Orders, the Husband pay to the Wife the sum of $1,307,211.

4.In the event that the Husband fails to comply with Order 3, then the parties shall forthwith do all acts and things as are necessary to effect the sale of the E Street property.

5.For the purposes of Order 4: