FEDERAL CIRCUIT COURT OF AUSTRALIA
RADNER & BIGNALL [2021] FCCA 352
Catchwords:
FAMILY LAW – Property dispute – short de facto relationship – no children –
each party has property at the commencement and debts – husband overstates the value of his assets at commencement - husband’s alleged debts to family members - issues of justice and equity to be considered before property alteration order made – no property alteration order.
Legislation:
Family Law Act 1975 (Cth), ss.75(2), 79(2), 79(4), 90SM(1)(a), 90SM(3), 90SM(4)
Cases cited:
Bevan & Bevan FLC 93-545; [2013] FamCAFC 116
C v C (2005) FLC 93-220; [2005] FamCA 429
Chancellor & McCoy [2016] FamCACF 256
Ferraro and Ferraro (1993) FLC 92-335
Hickey and Hickey (2003) FLC 93-143; [2003] FamCA 395
Applicant: MR RADNER
Respondent: MR BIGNALL
File Number: CSC 142 of 2018
Judgment of: Judge Willis AM
Hearing date: 7 October 2020
Date of Last Submission: 7 October 2020
Delivered at: Cairns
Delivered on: 25 February 2021 REPRESENTATION
Counsel for the Applicant: Mr Baston
Solicitors for the Applicant: Cope Family Law
Counsel for the Respondent: Mr Eylander
Solicitors for the Respondent: Murray & Lyons Solicitors ORDERS
(1)That the further amended Response filed by the Respondent de facto husband, MR BIGNALL on 3 April 2020 (and all previous Responses) to alter the existing interests (both legal and equitable) of the parties to a de facto relationship is dismissed.
(2)That the proceeds of sale of B Street, Suburb C currently held on trust be distributed solely to the Applicant de facto wife, MS RADNER.
(3)If parties wish to make a costs application then the appropriate application is to be filed within 28 days.
IT IS NOTED that publication of this judgment under the pseudonym Radner & Bignall is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CAIRNSCSC 142 of 2018
MS RADNER Applicant
And
MR BIGNALL Respondent
1.The applicant in the matter is Ms Radner the de facto wife who I shall refer to as “the wife”. She is aged 45 at the time of hearing.
2.The respondent is Mr Bignall, the de facto husband, who I shall refer to as the husband. He is aged 42 at the time of hearing.
3.The husband says they commenced a relationship in 2013 and the wife says they first met in 2013 and commenced a de facto relationship in March 2014. On any version of events these parties were in a very short and childless de facto relationship for a period of three years or three years and seven months, depending on whose version of the dates is accepted. The period of seven months’ difference has no particular relevance to the overall position of the parties.
4.The parties separated on 15 March 2017 (“separation date”).
5.Their de facto relationship occurred in Queensland. I am satisfied that the geographical requirements have been satisfied. The wife relocated to Victoria on 29 May 2017, a couple of…
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- AGLC
- RADNER & BIGNALL [2021] FCCA 352
- Case
- [2021] FCCA 352
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to make an order altering the existing interests of the parties in their property. This determination involved considering the principles of justice and equity in the context of a short de facto relationship where both parties brought assets and liabilities to the union. The court also had to assess the credibility of Mr Bignall's claims regarding his financial position and alleged debts.
Judge Willis AM ultimately dismissed the respondent's application to alter the existing interests in the property. The court reasoned that, in light of the circumstances, including the short duration of the relationship and the findings regarding the respondent's financial representations, it was not just and equitable to make an order altering the parties' property interests. Consequently, the court ordered that the proceeds of sale of a property located at B Street, Suburb C, which were held on trust, were to be distributed solely to the applicant, Ms Radner. The parties were also given a period of 28 days to file any application concerning costs.
Orders
Orders of the court
(1) That the further amended Response filed by the Respondent de facto husband, MR BIGNALL on 3 April 2020 (and all previous Responses) to alter the existing interests (both legal and equitable) of the parties to a de facto relationship is dismissed.
(2) That the proceeds of sale of B Street, Suburb C currently held on trust be distributed solely to the Applicant de facto wife, MS RADNER.
(3) If parties wish to make a costs application then the appropriate application is to be filed within 28 days.
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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