FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Rayment & Pinkham (No 2) [2023] FedCFamC2F 990
File number(s): PAC 4274 of 2020 Judgment of: JUDGE STREET Date of judgment: 6 September 2023 Catchwords: FAMILY LAW – PROPERTY - UK Pensions not asset - transfer of investment property to wife - allowance for same from net sale proceeds of matrimonial home - split 60:40 – husband greater financial resources and greater income earing capacity Legislation: Armed Forces Act 2006 (c.52)
Armed Forces Pension Scheme Act 1975
Bankruptcy Act 1966 (Cth)
Family Law Act 1975
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited: Babett & Falconer (2015) FLC 98-067
Carron & Laniga [2019] FamCAFC115
C & C (2005) FLC 93-220
Dickons & Dickons [2012] FamCAFC 154
Dovgan & Dovgan [2021] FamCA 306
Gresham & Gresham No 2 (2023) FedCFamC1F 51
Hickey and Hickey and Attorney-General (Cth) (2003) FLC 93-143
Jabour & Jabour [2019] FamCAFC 78
Kennon & Kennon [1997] FamCA 27
Kildea v Kildea (2007) 38 Fam LR 347
Manolis v Manolis (No 2) [2011] FamCAFC 105
Perrin & Perrin (No 2) [2018] FamCAFC 122
Preston & Preston [2022] FedCFamC1A 157
Division: Division 2 Family Law Number of paragraphs: 166 Date of hearing: 15-18, 22 – 23 May 2023 and 17 July 2023 Place: Sydney Applicant Representative: Mr D Blackah of Counsel Solicitor for Applicant: John Hall Lawyers Respondent Representative: Ms R Druitt of Counsel Solicitor for Respondent: Hills Family Law Centre ORDERS
PAC 4274 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS RAYMENT
Applicant
AND: MR PINKHAM
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
23 MAY 2023
THE COURT ORDERS THAT:
1.The marriage of the applicant and the respondent is dissolved by this divorce order under Part VI of the Family Law Act 1975 (Cth) which takes effect, given that the Court declares it is satisfied that proper arrangements being, final parenting orders dated 18 May 2025, have been made for the children X born in 2007 and Y born in 2010, at the expiration of one month from the making of this order.
2.Any other requirements under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth.) for the making of the divorce application in respect of the order in the Further Amended Initiating Application filed 23 May 2023 are dispensed with and waives any additional fees in respect of the divorce application and upon the taking effect of order 1 above directs the Registry Manager to issue the signed certification of divorce to the applicant and the respondent.
3.That the husband shall within 28 days sign all deeds and instruments including all documents and do all acts and things necessary to be done by him to transfer to the wife all his right title and interest in B Street, Town D being all that land contained in folio identifier: … ('Town D').
4.That…
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- Rayment & Pinkham (No 2) [2023] FedCFamC2F 990
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- [2023] FedCFamC2F 990
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CaseChat Overview and Summary
The court began by acknowledging that the division of property in matrimonial cases should be equitable, considering the contributions of each party and their future needs. In this case, the court noted that Ms Rayment had greater financial resources and a higher earning capacity than Mr Pinkham. The court decided to split the net sale proceeds of the matrimonial home in a 60:40 ratio in favor of Ms Rayment. The court also ordered that Mr Pinkham transfer his interest in the investment property to Ms Rayment. Additionally, the court mandated the sale of the matrimonial home by private treaty, with a fallback to public auction if necessary, and specified the responsibilities for the ongoing maintenance of the property until the sale.
Following the sale of the matrimonial home, the court ordered that the net proceeds, after discharge of mortgages and sale costs, be divided between the parties in a 60:40 ratio in favor of Ms Rayment. Pending the sale, Ms Rayment was to be solely responsible for the payment of all rates, loan payments, and outgoings for both properties. Both parties were to retain all other property, including superannuation and pensions. The court emphasised the importance of both parties signing necessary documents within the specified timeframe, and authorised the Registrar to sign on their behalf if required.
In summary, the court dissolved the marriage, ordered the division of property in a manner that considered the financial circumstances of both parties, and mandated the sale of the matrimonial home with specific responsibilities for maintenance and payment. The final orders included the transfer of the investment property to Ms Rayment, the division of net sale proceeds from the matrimonial home, and instructions for the sale process.
Orders
Orders of the court
PAC 4274 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS RAYMENT
Applicant
AND:
MR PINKHAM
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
23 MAY 2023
THE COURT ORDERS THAT:
1. The marriage of the applicant and the respondent is dissolved by this divorce order under Part VI of the Family Law Act 1975 (Cth) which takes effect, given that the Court declares it is satisfied that proper arrangements being, final parenting orders dated 18 May 2025, have been made for the children X born in 2007 and Y born in 2010, at the expiration of one month from the making of this order.
2. Any other requirements under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth.) for the making of the divorce application in respect of the order in the Further Amended Initiating Application filed 23 May 2023 are dispensed with and waives any additional fees in respect of the divorce application and upon the taking effect of order 1 above directs the Registry Manager to issue the signed certification of divorce to the applicant and the respondent.
3. That the husband shall within 28 days sign all deeds and instruments including all documents and do all acts and things necessary to be done by him to transfer to the wife all his right title and interest in B Street, Town D being all that land contained in folio identifier: … ('Town D').
4. That within 120 days of the date of these orders the former matrimonial home located at C Street, Suburb E in the State of New South Wales ("the Suburb E property") is to be sold by private treaty at a price to be agreed upon between the parties and failing such agreement, to be determined by the proper officer of the Real Estate Institute of NSW or their nominee and the parties take all steps and sign all documents to effect the sale and by way of further consequential order in relation to the sale:
(a) Within 7 days of the date of these orders the parties shall jointly instruct John Hall Lawyers Pty Ltd 2023 to prepare a contract for sale and to act as the Conveyancer.
(b) Within 7 days of the date of these orders the parties shall jointly instruct F Company as Agent to market the property for sale.
5. That in the event that the Suburb E property fails to be sold by private treaty in accordance with Order four (4) above, then both parties shall take all necessary steps and execute all necessary documents to cause the property to be sold by public auction at the earliest possible date at a reserve price to be agreed between the parties and failing such agreement to be determined by the proper officer of the Real Estate Institute of NSW or their nominee and the parties take all steps and sign all documents to effect the sale.
6. That after discharge of G Bank mortgages and accounting for all the usual costs of sale, the net sale proceeds of the Suburb E property are to be applied first in payment of the amount of $274,000 to the respondent and the balance thereafter be divided between the parties such that the Applicant receives 60% and the Respondent receives 40%.
7. Pending the sale of the Suburb E property under Order 4:
(a) The Applicant shall be solely responsible for the payment of all rates, G Bank monthly loan payments for the two loan accounts and outgoings of the Suburb E and Town D property as they fall due up to and including the settlement date.
(b) The Applicant shall maintain the Suburb E property and ensure that it is kept in a clean, neat and marketable condition.
8. The parties shall otherwise retain all other property owned by each of them, to the exclusion of the other, including superannuation and pensions.
9. Should either party refuse or neglect to sign, within fourteen days of a request to do so by the other party, any deed or instrument including any documents necessary to give effect to these orders, then the Registrar of the Federal Circuit and Family Court of Australia in its Parramatta Registry and in his absence, the Deputy Registrar, are authorised and empowered under s 106A of the Family Law Act 1975 (Cth.), to sign all necessary documents and do all necessary things on behalf of the parties.
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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