JURISDICTION : MAGISTRATES COURT OF WESTERN AUSTRALIA – 150 TERRACE ROAD
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: PARADISO and WANGMAYUM [2016] FCWAM 5
CORAM: KAESER M
HEARD: 19 AUGUST 2015
DELIVERED : 11 JANUARY 2016
FILE NO/S: PTW 3658 of 2013
BETWEEN: MS PARADISO
Applicant
AND
MR WANGMAYUM
Respondent
Catchwords:
Property Settlement; undefended; discussion of Stanford principles; orders sought by wife just and equitable.
Legislation:
Family Law Act 1975 (Cth)
Category: Not Reportable
Representation:
Counsel:
Applicant: Self represented litigant
Respondent: There was no appearance by the Respondent
Solicitors:
Applicant: Self Represented Litigant
Respondent: Not Represented
Case(s) referred to in judgment(s):
Amero & Croft [2010] FamCAFC 118
Beneke v Beneke (1996) FLC 92-698
Bevan & Bevan [2013] FamCAFC 116
Duff & Duff (1977) FLC 90-217
Ferguson & Ferguson (1978) FLC 90-500
Hickey & Hickey [2003] FamCA 395; (2003) FLC 93-143
Jones v Skinner (1836) 5 LJ Ch 85
Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605
Manolis & Manolis (No 2) [2011] FamCAFC 105
Martin & Newton [2011] FamCAFC 233; (2011) FLC 93-490
McLay & McLay (1996) FLC 92-667
N and N, unreported, 10 June 1992
Norman & Norman [2010] FamCAFC 66
Re S by her Case Guardian R and S by his Case Guardian S [2010] FCWAM 26
Rogers & Rogers (1980) FLC 90-874
Stanford & Stanford [2012] FamCAFC 1; (2012) FLC 93-495
Stanford v Stanford (2012) 247 CLR 108
Teal v Teal [2010] FamCAFC 120
Trustee of the property of Lemnos, A Bankrupt & Lemnos (2009) FLC 93-394
Waters & Jurek (1995) FLC 92-635
Woodcock v Woodcock (1997) FLC 92-739
Woollams & Woollams [2004] FCWA 32; (2004) FLC 93-195
WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES’ NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED
Background
1The husband in these proceedings was born [in] 1979 and the wife was born [in] 1983.
2The parties started living together in December 2005. They were married [in] 2008 and separated on 1 October 2011. They therefore cohabited for a period of just under six years. They were divorced on 1 October 2013.
3The wife’s application for property settlement orders proceeded on an undefended basis pursuant to orders made on 18 November 2014. There was, unsurprisingly, no appearance by the respondent husband at the trial. He also did not attend the Conciliation Conference listed for 8 April 2015.
Wife’s evidence and submissions
4The wife relied upon her affidavit filed on 3 October 2014 and her Form 13 financial statement filed the same date. Her Form 1 application set out the orders that were still sought by her at trial. She clarified her position at the hearing in that she no longer sought to amend her final orders and effectively sought orders for:
1.That the husband pay to the wife the sum of $31,158 within 12 months; and
2.That each party retain the motor vehicles and furniture and household contents presently in their possession or control.
5The wife also filed Papers…
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- AGLC
- PARADISO and WANGMAYUM [2016] FCWAM 5
- Case
- [2016] FCWAM 5
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide included the applicability of the principles laid out in the case of Stanford v Stanford, which focus on the fairness and justice of the division of property. The wife sought an order that would reflect the just and equitable distribution of the assets, taking into account the contributions made by each party and the needs of both parties post-separation. The court was required to consider whether the wife's application aligned with these principles.
In delivering its judgment, the court noted that the wife's application was based on the principles of fairness and justice. It examined the contributions of each party to the marriage, including both financial and non-financial contributions. The court found that the wife's application was in line with the principles set out in Stanford v Stanford, and that the orders sought were just and equitable. The court granted the wife's application for an order that reflected the fair distribution of the property.
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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