Federal Circuit and Family Court of Australia
(DIVISION 2)
Pinta & Pinta (No 2) [2022] FedCFamC2F 1512
File number(s): ADC 3795 of 2020 Judgment of: JUDGE BROWN Date of judgment: 9 November 2022 Catchwords: FAMILY LAW – Property – marriage of twenty years in duration – marriage produced four children – parties engaged in construction business – loans taken from business in respect of which no liability for tax has been calculated – Part 7A tax liability (Top Up Tax) – business assessed to have negative value – parties have other significant debts – parties agree that former matrimonial home needs to be sold to pay debt – husband to retain business and indemnify wife in respect of other debts including tax liabilities – husband has operated business from other premises owned by parties during marriage – after separation husband has lived in premises – wife seeks to retain business premises and utilise as family accommodation – children estranged from their father – wife asserts property only viable form of accommodation for herself and children – husband seeks to retain property – balance of convenience – assessment of contributions – add backs – just and equitable Legislation: Evidence Act1995 (Cth) s 140
Family Law Act 1975 (Cth) Pt VIII, VIIIB, ss 75, 79, 90XC
Income Tax Assessment Act 1936 (Cth) Div 7A
Cases cited: Bevan & Bevan [2013] FamCAFC 116
NHC & RCH (2004) FLC 93-204 at 79,318-9 118, 129
Clauson & Clauson (1995) 18 Fam LR 693, 710
C & C (2005) 33 Fam LR 414, 424
Collins & Collins (1990) FLC 92-149
Farnham & Farnham [2022] FedCFamC2F 83
Ferguson & Ferguson (1978) FLC 90-500
Ferraro v Ferraro (1992) 16 Fam LR 1
Fox v Percy (2003) 214 CLR 118
Hickey & Hickey (2003) 30 Fam LR 355
In the Marriage of Browne & Green (1999) 25 Fam LR 482
In the Marriage of DJM and JLM (1998) 23 Fam LR 396
In the Marriage of Kowaliw (1981) FLC 91-092
In the Marriage of AJO & GRO (2005) 33 Fam LR 134
In the Marriage of Townsend (1994) 18 Fam LR 505
Kowaliw & Kowaliw (1981) FLC 91-092
Laskari & Laskari [2014] FamCA 1183
L & L [2003] FamCA 40
Pinta & Pinta [2022] FedCFamC2F 34
Phillips & Phillips (2002) 168 FLR 438
Pierce v Pierce (1999) FamCA 74
Rushton & Rushton [2011] FMCAfam 1259
Russell & Russell (1999) 25 Fam LR 629, 644
Stanford v Stanford (2012) 247 CLR 108
Steinbrenner & Steinbrenner [2008] FamCAFC 193
Trevi & Trevi [2018] FamCAFC 173
Waters & Jurek (1995) 20 Fam LR 190, 196
Watson & Ling [2013] FamCA 57
Division: Division 2 Family Law Number of paragraphs: 398 Date of hearing: 6 & 7 June 2022 Place: Adelaide Counsel for the Applicant: Mr Anderson Solicitor for the Applicant: Clelands Lawyers Counsel for the Respondent: Mr Jordan Solicitor for the Respondent: The Law Offices of Elizabeth Temnoff ORDERS
ADC 3795 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION…
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