FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Poulson & Gadal [2024] FedCFamC2F 392
File number(s): MLC 10211 of 2022 Judgment of: JUDGE HARLAND Date of judgment: 28 March 2024 Catchwords: FAMILY LAW – parenting settled by consent – property – what should be included in the property pool – wife alleges the husband is hiding assets - weight to be given to contributions and s 75(2) factors – nondisclosure - family violence Legislation: Family Law Act1975 (Cth) ss 75(2), 75(2)(o), 75(2)(1), 79(1); 79(2); 79(4), 81, 106A Cases cited: Benson & Drury [2020] FamCAFC 303
Hickey & Hickey & Attorney-General (Intervener) (2003) FLC 93-143
Robb & Robb [1994] FamCA 136
Division: Division 2 Family Law Number of paragraphs: 87 Date of hearing: 12 and 13 March 2024 Place: Melbourne Counsel for the Applicant Ms O’Connell Solicitor for the Applicant Pentana Stanton Lawyers Counsel for the Respondent Mr Turner Solicitor for the Respondent Trapski Family Law ORDERS
MLC 10211 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS POULSON
ApplicantAND: MR GADAL
Respondent
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
28 MARCH 2024
THE COURT ORDERS THAT:
1.Within seven (7) days of the date of these Orders, the parties shall do all acts and things necessary to cause the transfer of all the proceeds of the sale of the property situate at B Street, Suburb C held in the trust fund of Pentana Stanton Lawyers to the applicant.
2.Within 14 days of the date of the Orders, the parties shall do all acts necessary to close the joint bank account with D Bank and share the balance equally.
3.Subject to any other Orders contained herein, the applicant shall retain for her sole and exclusive use and benefit and indemnify the respondent and keep him indemnified with respect to the following items of property:
(a)All of the proceeds of sale of the B Street property;
(b)Her Motor Vehicle 1;
(c)All bank accounts held in her name;
(d)Furniture and effects in her possession or control;
(e)Her superannuation entitlements;
(f)All credit cards held in her name;
(g)The Motor Vehicle 1 car loan; and
(h)All other debts in her name.
4.Subject to any other Orders contained herein, the respondent shall retain for his sole and exclusive use and benefit and indemnify the applicant and keep her indemnified with respect to the following items of property:
(a)The real property situate at E Street, Suburb F;
(b)His Motor Vehicle 2;
(c)All bank accounts held in his name;
(d)Furniture and effects in his possession or control;
(e)His superannuation entitlements;
(f)All credit cards held in his name;
(g)The mortgage over the Suburb F property; and
(h)All other debts in his name.
5.As between the applicant and respondent, and subject to the above Orders, they each shall each respectively retain all interest in and entitlement to:
(a)All personal property now in his/her respective possession or control;
(b)All interests in life insurance policies standing in his/her…
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- Poulson & Gadal [2024] FedCFamC2F 392
- Case
- [2024] FedCFamC2F 392
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CaseChat Overview and Summary
Judge Harland considered the contributions made by each party to the relationship, the property acquired, and the welfare of any children of the relationship. The court noted that the parties had reached a consent agreement on parenting but were in dispute over the division of property. The judge also considered the nondisclosure by Mr Gadal of his assets and the impact of family violence on the proceedings. The court found that the assets should be divided in a way that was just and equitable, taking into account the contributions and section 75(2) factors, and that the nondisclosure and family violence had an impact on the allocation of assets.
The court ordered that the proceeds of the sale of the property held in trust be transferred to Ms Poulson, and that the joint bank account be closed and the balance shared equally. The court also detailed the property each party was to retain, including personal items, superannuation, and life insurance policies. The court emphasised that each party was solely responsible for their own debts and liabilities and that any joint tenancy was severed. The court further ordered that if either party failed to comply with the orders, a Registrar of the Federal Circuit and Family Court of Australia could enforce the terms on behalf of the compliant party.
These orders were intended to finally determine the financial relationships between the parties and avoid further proceedings, as far as practicable. The court's orders were designed to ensure a fair division of assets, taking into account the contributions, nondisclosure, and family violence, while providing for the welfare of any children of the relationship.
Orders
Orders of the court
MLC 10211 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS POULSON
Applicant
AND:
MR GADAL
Respondent
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
28 MARCH 2024
THE COURT ORDERS THAT:
1. Within seven (7) days of the date of these Orders, the parties shall do all acts and things necessary to cause the transfer of all the proceeds of the sale of the property situate at B Street, Suburb C held in the trust fund of Pentana Stanton Lawyers to the applicant.
2. Within 14 days of the date of the Orders, the parties shall do all acts necessary to close the joint bank account with D Bank and share the balance equally.
3. Subject to any other Orders contained herein, the applicant shall retain for her sole and exclusive use and benefit and indemnify the respondent and keep him indemnified with respect to the following items of property:
(a) All of the proceeds of sale of the B Street property;
(b) Her Motor Vehicle 1;
(c) All bank accounts held in her name;
(d) Furniture and effects in her possession or control;
(e) Her superannuation entitlements;
(f) All credit cards held in her name;
(g) The Motor Vehicle 1 car loan; and
(h) All other debts in her name.
4. Subject to any other Orders contained herein, the respondent shall retain for his sole and exclusive use and benefit and indemnify the applicant and keep her indemnified with respect to the following items of property:
(a) The real property situate at E Street, Suburb F;
(b) His Motor Vehicle 2;
(c) All bank accounts held in his name;
(d) Furniture and effects in his possession or control;
(e) His superannuation entitlements;
(f) All credit cards held in his name;
(g) The mortgage over the Suburb F property; and
(h) All other debts in his name.
5. As between the applicant and respondent, and subject to the above Orders, they each shall each respectively retain all interest in and entitlement to:
(a) All personal property now in his/her respective possession or control;
(b) All interests in life insurance policies standing in his/her sole name respectively.
6. Unless specified in these orders, and save for the purposes of enforcing the terms of same:
(a) Each party shall be solely entitled to the exclusion of the other, to all property, including choses-in-action and financial resource, in the possession and /or control of such party as at the dates of these orders;
(b) All insurance policies remain the sole property of the owner named;
(c) Each party forgoes any claims they may have to any superannuation benefits or other employment related benefits belonging to or earned by the other or any future inheritances received;
(d) Each party is solely responsible for any liability of whatsoever nature and kind in their respective names;
(e) Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders; and
(f) any joint tenancy of the parties in any real or personal estate is expressly severed.
7. The parties shall do all acts and things necessary and give all consents and execute all documents and writings to give effect to these Orders in the time periods prescribed.
8. In the event either party fails to comply with order 2 of these Orders, then a Registrar of the Federal Circuit and Family Court of Australia is empowered and authorised to exercise all necessary documents on behalf of the non-complying party pursuant to section 106A of the Family Law Act 1975 and by way of consequential arrangement to this order: -
(a) an affidavit by the compliant party and/or their solicitor setting out the noncompliant party’s failure to comply with these orders will be sufficient evidence of non-compliance.
9. Pursuant to section 81 of the Family Law Act 1975, the parties intend these orders shall as far as practicable finally determine the financial relationships between them and avoid further proceedings between them.
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
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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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