FAMILY COURT OF AUSTRALIA
| PANDOLOUS & PANDOLOUS | [2007] FamCA 282 |
| FAMILY LAW - PROPERTY SETTLEMENT – Valuation of business interest |
| Family Law Act 1975 (Cth), Section 79(1),(4), Section 75(2) |
Zalewski (2005) FLC 93-241
Way and Way (1996) FLC 92-702
Kowaliw and Kowaliw (1981) FLC 91-092
Browne and Green (1999) FLC 92-873
Hickey and Hickey and A-G for the Commonwealth of Australia (Intervener) (2003) FLC 93-143.
Phillips and Phillips (2002) FLC 93-104
Omacini and Omacini (2005) FLC 93-218
Reichstein and Reichstein current citation [2006] FamCA 1422
HDM & MM & SJM [2006] FamCA 47
Barker v Barker Appeal Judgment delivered in March 2007 – [2007] FamCA 153
Lee Steere and Lee Steere (1985) FLC 91-626
Clauson and Clauson (1995) FLC 92-595
Pierce and Pierce (1999) 92-844
| APPLICANT: | Mr Pandolous |
| RESPONDENT: | Mrs Pandolous |
| FILE NUMBER: | ADF | 2833 | of | 2003 |
| DATE DELIVERED: | 30 March 2007 |
| PLACE DELIVERED: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 3-6 October 2006 11-13 October 2006 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | N/A |
| SOLICITOR FOR THE APPLICANT: | Self-Represented |
| COUNSEL FOR THE RESPONDENT: | Mr McQuade |
| SOLICITOR FOR THE RESPONDENT: | Robinson & Mason |
IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Court delivered this day will for all publication and reporting purposes be referred to as Pandolous & Pandolous
Orders
The wife gave evidence that she was prepared to return to the husband his jewellery, personal items, wines and tools.
In full and final settlement of all claims either party may have or hereafter have against the other for settlement of property or variation of property interests that:
1.Within 21 days from today the wife do forward to the husband for his execution all necessary documents to effect the transfer of the whole of his interest both at law and in equity in respect to the former matrimonial home at M in the State of South Australia (the former matrimonial home) being the whole of the land comprised and described in Certificate of Title Registrable Volume … Folio … .
2.Within 7 days of the date of receipt of the said documents the husband do execute and return the documents to the wife’s solicitors to effect the transfer of his interest in the said property to the wife who shall hereafter retain the property for her sole use and benefit absolutely.
3.Until such time as the transfer is completed the husband shall hold his interest in the property at M on trust for the wife.
4.Upon transfer of the husband’s interest in the former matrimonial home the wife do all things necessary to cause the mortgages registered over the former matrimonial home to be discharged and the husband released from any liability relating thereto.
5.The monies currently held in the wife’s solicitor’s Trust Account (representing the proceeds of sale of the business to Mr J) be forthwith paid to the wife’s solicitors on behalf of the wife.
6.The monies currently held…
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- AGLC
- Pandolous and Pandolous [2007] FamCA 282
- Case
- [2007] FamCA 282
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether it was in the best interests of the child for the father to spend time with him, given the mother's allegations of family violence. This required the court to consider the provisions of the *Family Law Act 1975* (Cth), particularly those relating to the paramountcy of the child's best interests and the specific considerations that arise when allegations of family violence are made.
Dawe J applied the principles established in *Rice and Asleska* and subsequent authorities, which require a court to make a finding on the balance of probabilities as to whether family violence has occurred before making orders for the child to spend time with a parent. The court carefully considered the evidence presented by both parties, including the mother's testimony and the father's response. Dawe J found that the mother had not discharged the onus of proving, on the balance of probabilities, that family violence had occurred. Consequently, the court proceeded to consider the child's best interests in the absence of a finding of family violence.
The court ultimately made orders for the child to spend time with the father, finding that such arrangements were in the child's best interests. These orders were carefully crafted to ensure the child's safety and well-being, reflecting the court's assessment of the evidence and the relevant legal principles.
Orders
Orders of the court
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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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