FAMILY COURT OF AUSTRALIA
Rigby & Kingston (No. 4) [2021] FamCA 501
File number(s): BRC 12882 of 2016 Judgment of: CAREW J Date of judgment: 9 July 2021 Catchwords: FAMILY LAW – PROPERTY – Whether it is just and equitable to make an order under s 79(1) of the Family Law Act 1975 (Cth) – Where the husband contends that it is not just and equitable to make an order where the entirety of the property pool has not been valued – Whether the wife’s rights as a discretionary beneficiary in various trusts and as a residuary beneficiary in a trust are property for the purposes of s 4(1) of the Family Law Act 1975 (Cth) – whether the wife’s rights as a shareholder in various companies are property for the purposes of s 4(1) of the Act – Whether the wife’s rights have any practical value – Whether an Umbrella Deed affects the nature of the legal and equitable interests of the wife in property Legislation: Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)
Cases cited: Ascot Investments Pty Ltd v Harper (1981) 148 CLR 337
Bevan & Bevan (2013) FLC 93-545
Briese & Briese (1986) FLC 91-713
Commissioner of Stamp Duties (Qld) v Livingston (1964) 112 CLR 12
Fordyce v Ryan [2017] 2 Qd R 240
Gartside v Inland Revenue Commissioners [1968] A.C. 553
Hall v Hall (2016) 257 CLR 490
Harris & Dewell (2018) FLC 93-839
In the Marriage ofBest & Best (1993) FLC 92-418
In the Marriage of Crapp & Crapp (1979) FLC 90-615
In the Marriage of Duff and Duff (1977) FLC 90-217
In the Marriage of Evans (1991) FLC 92-223
In the Marriage of Goodwin and Goodwin Alpe (1991) FLC 92-192
In the Marriage of Hauff (1986) FLC 91-747
In the Marriage of W & W (1980) FLC 90-872
JEL and DDF (2001) FLC 93-075
Karllson & Karllson [2014] FamCA 571
Kennon & Spry (2008) 238 CLR 366
Lewis v Condon (2013) 85 NSWLR 99
Livingston v Commissioner of Stamp Duties (Q.) (1960) 107 CLR 411
Loxton v Moir (1914) 18 CLR 360
Marchant & Marchant (2012) FLC 93-520
Mullane v Mullane (1983) 158 CLR 436
Norman v Federal Commissioner of Taxation (1963) 109 CLR 9
Omacini & Omacini (2005) FLC 93-218
Pittman & Pittman (2010) FLC 93-430
Rigby & Kingston and Ors (No. 2) [2020] FamCA 695
Re Webster (1975) 132 CLR 270
Re Weir's Settlement Trusts [1971] Ch. 145
Sainsbury v Commissioners of Inland Revenue [1970] Ch. 712
Sand & Sand (2012) FLC 93-519
Simmons v Simmons (2008) 40 Fam LR 520
Stanford v Stanford (2012) 247 CLR 108
Waterman & Waterman (2017) FLC 93,762
Watson & Ling (2013) FLC 93-527
Hon Justice Brereton in The High Court and family law: Two recent excursions (2013) 3 Fam L Rev 63
Number of paragraphs: 159 Date of hearing: 13–15 April 2021 Place: Brisbane
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- AGLC
- Rigby & Kingston (No. 4) [2021] FamCA 501
- Case
- [2021] FamCA 501
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues. These included identifying the wife's existing legal and equitable interests in property, particularly within the Kingston Group entities, and assessing the impact of an Umbrella Deed on these interests. Furthermore, the court needed to ascertain whether the wife's rights as a discretionary beneficiary in various trusts and as a shareholder in companies constituted property for the purposes of the *Family Law Act 1975* (Cth), and if so, whether these rights held any practical value. Finally, the court had to decide if it was just and equitable to make an order under section 79(1) of the Act, considering the husband's argument that such a determination was premature without complete valuations.
Carew J's reasoning focused on the nature and valuation of the wife's interests. The court examined whether the wife's rights as a beneficiary and shareholder were indeed property under the Act and whether they possessed any realisable value. The court also considered the effect of the Umbrella Deed on these interests. The husband's contention that the proceedings were premature due to incomplete valuations was weighed against the need to determine the just and equitable distribution of property.
The court directed that the matter be listed for the pronouncement of orders on a date to be advised, and also listed the husband's application for spouse maintenance for a future hearing. The parties were requested to confer and jointly inform the associate of the court regarding a convenient date for the pronouncement of orders.
Orders
Orders of the court
BRC12882 of 2016
BETWEEN:
MR RIGBY
Applicant
MS KINGSTON
Respondent
AND:
MR F KINGSTON & ORS
Other Respondents
ORDER MADE BY:
CAREW J
DATE OF ORDER:
9 JULY 2021
THE COURT DIRECTS THAT:
1. The matter be listed for the pronouncement of orders on a date to be advised.
2. The husband’s application for spouse maintenance be listed for hearing on a date to be advised.
3. The parties are requested to confer about a convenient date/s for the pronouncement of orders and jointly inform the associate for the Honourable Justice Carew by email within 7 days.
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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
Background
Background to the litigation
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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