Page & Gaubert (No 2) - [2023] FedCFamC2F 1089

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Page & Gaubert (No 2) [2023] FedCFamC2F 1089

File number(s): PAC 5874 of 2020

Judgment of: JUDGE NEWBRUN

Date of judgment: 24 August 2023

Catchwords: FAMILY LAW – PROPERTY – Just and equitable orders made.

Legislation: Family Law Act 1975 (Cth) ss 90SF(3), 90SM(3), 90SM(4)

Cases cited: Lotta & Lotta [2017] FamCA 50

Division: Division 2 Family Law

Number of paragraphs: 69

Date of hearing: 14 – 15 August 2023

Place: Parramatta

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: Mr Hodgson (direct brief)
ORDERS

PAC 5874 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS PAGE

Applicant

AND:
MR GAUBERT

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

24 AUGUST 2023

THE COURT ORDERS THAT:
1.The parties forthwith do all acts and things and sign and execute all documents necessary to cause the amount of $75,000 paid into the Supreme Court of New South Wales, case number …, pursuant to orders made, to be paid to the wife as to the sum of $32,200, and to the husband as to the sum of $42,800.
2.Subject to the above Order, as between the parties the wife be declared to be the owner in law and equity of all property in her possession or under her control.
3.Subject to Order 1 above, as between the parties the husband be declared to be the owner in law and equity of all property in his possession or under his control.
4.Liberty to the parties to apply to the court on 7 days’ notice in respect to the implementation or facilitation of the above Orders.

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 has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN
INTRODUCTION

These are Reasons for Judgment relating to a final property hearing held before the Court on 14 to 15 August 2023.
The applicant de facto wife and respondent de facto husband both appeared (hereafter the “wife” and the “husband”). The wife was self-represented. Mr Hodgson of counsel appeared for the husband.
PROPOSALS
By her Amended Initiating Application filed on 23 February 2023, and her Outline of Case filed 7 August 2023, the wife seeks one final order in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Page & Gaubert (No 2)

Details

AGLC: Page & Gaubert (No 2) [2023] FedCFamC2F 1089
Case: [2023] FedCFamC2F 1089
Decision Date: 24 August 2023

CaseChat Overview and Summary

The matter before the Federal Circuit and Family Court of Australia involved a dispute between Ms. Page and Mr. Gaubert concerning property division. The court had to make orders about the distribution of property between the parties. The court's decision was guided by the principles of fairness and equity as outlined in the Family Law Act 1975.

The legal issues before the court included determining the fair and equitable division of the parties' property, which involved assessing the contributions made by each party to the acquisition of the property and the needs of each party. The court had to balance these factors to ensure the outcome was just and equitable. The court also had to consider the orders previously made in the same case, ensuring that the new orders were consistent with the overall fairness of the property settlement.

Judge Newbrun found that the most just and equitable outcome was for the parties to receive specific amounts from a sum paid into court, which was $75,000. The court declared that Ms. Page would be the owner in law and equity of all property in her possession or under her control, and similarly for Mr. Gaubert in respect of his property. The court also granted the parties liberty to apply for assistance in implementing these orders.

The final orders of the court specified that the $75,000 paid into court was to be divided as $32,200 to Ms. Page and $42,800 to Mr. Gaubert. The court also confirmed the ownership of property in each party's possession or control, subject to the payment order. The court allowed for further applications to facilitate the implementation of these orders.

Orders

Orders of the court

PAC 5874 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS PAGE

Applicant

AND:

MR GAUBERT

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

24 AUGUST 2023

THE COURT ORDERS THAT:

1. The parties forthwith do all acts and things and sign and execute all documents necessary to cause the amount of $75,000 paid into the Supreme Court of New South Wales, case number …, pursuant to orders made, to be paid to the wife as to the sum of $32,200, and to the husband as to the sum of $42,800.

2. Subject to the above Order, as between the parties the wife be declared to be the owner in law and equity of all property in her possession or under her control.

3. Subject to Order 1 above, as between the parties the husband be declared to be the owner in law and equity of all property in his possession or under his control.

4. Liberty to the parties to apply to the court on 7 days’ notice in respect to the implementation or facilitation of the above Orders.

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	PAC 5874 of 2020
Judgment of:	JUDGE NEWBRUN
Date of judgment:	24 August 2023
Catchwords:	FAMILY LAW – PROPERTY – Just and equitable orders made.
Legislation:	Family Law Act 1975 (Cth) ss 90SF(3), 90SM(3), 90SM(4)
Cases cited:	Lotta & Lotta [2017] FamCA 50
Division:	Division 2 Family Law
Number of paragraphs:	69
Date of hearing:	14 – 15 August 2023
Place:	Parramatta
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Mr Hodgson (direct brief)

PAC 5874 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS PAGE Applicant
AND:	MR GAUBERT Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	24 AUGUST 2023