Raisner & Kells

Case [2023] FedCFamC2F 265


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Raisner & Kells [2023] FedCFamC2F 265

File number(s): CSC 645 of 2019
Judgment of: JUDGE COPE
Date of judgment: 4 May 2023
Catchwords: FAMILY LAW  – De facto property division –  Where de facto husband alleges he does not discuss business with his current wife  –  Allegations the transfer of the business names out of the de facto husband’s name shortly prior to trial was done to defeat property claim  – Where de facto husband is contracted to current wife’s business – Current wife billed husband a management fee of $130,000 – Where ownership of the businesses is a sham – De facto husband’s failure to disclose – Neither estimate of value of real property is reliable evidence  – Debt to de facto wife’s parents  – Debt from liquidated business  –  Sum remaining due to mortgagee sale – De facto husband prevented de facto wife from maintaining property  – Addback  –  De facto husband unimpressive witness  –  Future needs consideration.
Legislation: Family Law Act 1975 (Cth) Part VIIIAB ss 90AE, 90SF, 90SM, 90SL, 90TA
Cases cited:

Adamson & Korac (No 2) [2022] FedCFamC1F 638

Argyle & Argyle [2021] FCCA 505

Bevan & Bevan (2013) FLC 93-545; [2013] FamCAFC 116

C & C [1998] FamCA 143

C & C (2005) FLC 93-220; [2005] FamCA 429

Cahill & Cahill (2006) FLC 93-253; [2003] FamCA 172

Dellas & Halton [2022] FedCFamC1F 368

Dickons v Dickons (2012) 50 FamLR 244; [2012] FamCAFC 154

Fontana & Fontana [2018] FamCAFC 63

Hickey & Hickey (2003) FLC 93-143; [2003] FamCA 395

Jones v Dunkel [1959] 101 CLR 298; [1959] HCA 9

Lynch & Kershaw & Ors [2015] FCCA 2712

M & M [1998] FamCA 42

Mayhew & Fairweather (2022) 64 Fam LR 633; [2022] FedCFamC1A 53

Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17

AJO & GRO & AJO & GRO (2005) FLC 93-218; [2005] FamCA 195

Stanford & Stanford [2012] 247 CLR 108; [2012] HCA 52

Trevi & Trevi (2018) FLC 93-858; [2018] FamCAFC 173

Wallis & Manning (2017) FLC 93-759; [2017] FamCAFC 14

Weir & Weir (1993) FLC 92-338; [1992] FamCA 69

Yang & Gian and Ors [2014] FamCA 934

Zeidman & Godar [2021] FCCA 510

Division: Division 2 Family Law
Number of paragraphs: 172
Date of hearing: 23 & 24 February 2023
Place: City B
Counsel for the Applicant: Mr Newman of Counsel
Solicitor for the Applicant: A P Hodgson & Associates
Counsel for the Respondent: Mr Seewald of Counsel
Solicitor for the Respondent: Sharma Lawyers

ORDERS

CSC 645 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS RAISNER

Applicant

AND:

MR KELLS

Respondent

order made by:

JUDGE COPE

DATE OF ORDER:

4 May 2023

THE COURT ORDERS THAT:

1.For the purpose of these orders IT IS DECLARED THAT:

(a)the parties’ matrimonial assets, liabilities and financial resources are as set out in “Annexure A” hereto;

(b)the assets, liabilities and financial resources are valued as stated…

Continue reading Raisner & Kells

Sign in free to access the full text

Details
AGLC
Raisner & Kells [2023] FedCFamC2F 265
Case
[2023] FedCFamC2F 265
Decision Date

CaseChat Overview and Summary

The case of Raisner & Kells was heard in the Federal Circuit and Family Court of Australia (Division 2). The parties, Ms Raisner (the applicant) and Mr Kells (the respondent), were in a de facto relationship for almost 11 years and have two children together. The court was required to determine the asset pool, values of assets and liabilities, contributions made by each party, and future needs of the parties. The court also had to decide what property, cash, or superannuation should change hands in order to give effect to the court's determination. The applicant sought a 70:30 division of the asset pool in her favour, while the respondent sought a 50:50 division.

The court found that the respondent had not made full and frank disclosure and that his evidence was unsatisfactory and unbelievable. The court preferred the applicant's evidence over the respondent's in cases of contradiction. The court found that the respondent was the primary financial contributor during the relationship and that the applicant was the primary carer for the children. The court also found that the respondent had deliberately reduced the asset pool, minimised his income and assets, and avoided making full disclosure.

The court determined the asset pool and values of assets and liabilities based on the evidence presented. It found that the applicant was entitled to an additional 15% for future needs, resulting in a 70:30 division of the asset pool in her favour. The court ordered that the respondent transfer the C Street property to the applicant, pay her a cash payout, and be solely responsible for certain debts. The applicant would retain her car, bank accounts, superannuation, and household items. The respondent would retain his business interests, car, bank accounts, household items, motorcycle, and superannuation.

The court's orders ensured a just and equitable outcome, taking into account the findings made and the needs of the parties. The orders also included provisions to facilitate a smooth transition and address potential defaults.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.