Sanders and Sanders & Ors

FAMILY COURT OF AUSTRALIA

SANDERS & SANDERS AND ORS [2011] FamCA 881

FAMILY LAW – PROPERTY SETTLEMENT – transactions to defeat orders – issue of whether husband’s interest in business be set aside – where the parties complied with the previous orders made by a judicial registrar to the advantage of the wife and the wife did not herself comply with those orders requiring her to make formal transfers of her interest in the business - where husband transfers his interest in the business to the two sons of the marriage - where the husband’s business was in a precarious financial state and the husband suffered deterioration in his mental health when the husband decided to transfer his interest – where husband’s decision to transfer his interest was taken when the husband was unaware when litigation might progress if at all – transfer was unlikely to represent a disadvantage to the wife – where impact of setting aside would have a catastrophic financial effect on innocent third parties – no orders made to set aside husband’s disposition.

FAMILY LAW – PROPERTY SETTLEMENT – full and frank disclosure by parties – where the wife asserted that the husband failed to make full and frank disclosure – where the husband made disclosure by providing three volumes of documents annexed to his affidavit – no cross-examination of husband by wife about failure to disclose – where wife’s expert witness was not briefed with the husband’s financial disclosure documents – held no failure by husband to make proper disclosure.

FAMILY LAW – PROPERTY SETTLEMENT – determining matrimonial net asset pool – where parties’ assets have been previously divided by court orders - where parties have minimal assets other than superannuation – where most of the parties’ monies received from the sale of the family home is spent or accounted for in legal costs – orders for no further division.

FAMILY LAW – PROPERTY SETTLEMENT – spousal maintenance – interim order made provision for spousal maintenance of the wife by the husband – where husband ceased paying spousal maintenance due to parties’ changed financial circumstances and made an additional payment to wife of $30,000 – wife is not in employment and in receipt of disability pension – where the bulk of the money received by wife from the sale of the family home has been expended on legal costs – where husband is in part-time employment and has high levels of debt – where husband has suffered from deterioration in mental health – no orders made for ongoing spousal maintenance - no orders made for payment of spousal maintenance in arrears.

FAMILY LAW – CONDUCT OF A REVIEW – application for review of an order of a judicial registrar – a court must hear the application as an original hearing or hearing de novo.

Family Law Act 1975 (Cth) ss 75, 79, 106B

In the Marriage of Gould (1993) FLC 92-434

APPLICANT: Mr Sanders

FIRST RESPONDENT: Ms Sanders

SECOND RESPONDENT: U Pty Limited

THIRD RESPONDENT: