FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Sandstrom & Sandstrom [2025] FedCFamC1F 209
File number: LNC 411 of 2022 Judgment of: MCGUIRE J Date of judgment: 3 April 2025 Catchwords: FAMILY LAW – PROPERTY – Application for a property settlement – Husband argues that wife’s post separation “drawings” for business run solely by her be added-back to property pool or alternatively be considered as a “negative contribution” or wastage by the wife – Consideration of add-backs – Wife’s drawings considered as income and not added back - Contributions Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth)
Cases cited: Browne v Green [1999] FamCA 1483; (1999) FLC 92-873 at 86,360
Chorn & Hopkins [2004] FamCA 633; (2004) FLC 93-204
Kowaliw & Kowaliw (1981) FLC 91-092
MacKinnon & Talbot [2023] FedCFamC1A 156; (2023) FLC 94-161
Mayne & Mayne (No.2) [2012] FamCAFC 90; (2012) FLC 93-510
Omacini & Omacini [2005] FamCA 195; (2005) FLC 93-218
Standford & Stanford (2012) 247 CLR 108; [2012] HCA 52
Townsend & Townsend [1994] FamCA 144; (1995) FLC 92-569
Division: Division 1 First Instance Number of paragraphs: 74 Date of hearing: 19 February 2025 and 11 March 2025 Place: Launceston, delivered Hobart Counsel for the Applicant: Mr Trezise Solicitor for the Applicant: McVeity Dean Lawyers Counsel for the Respondent: Mr Doyle Solicitor for the Respondent: Dobson Mitchell & Allport ORDERS
LNC 411 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS SANDSTROM
Applicant
AND: MR SANDSTROM
Respondent
ORDER MADE BY:
MCGUIRE J
DATE OF ORDER:
3 APRIL 2025
THE COURT ORDERS THAT:
1.The net property pool of the parties pursuant to the findings in these Reasons, but excluding superannuation, be divided as to 60 per cent to Ms Sandstrom (“the wife”) and 40 per cent to Mr Sandstrom (“the husband”).
2.Within 30 days of the date of these Orders the parties each make bids in writing to the other through their solicitors on the record or further bids as may be the case in respect of the property situate at C Street, Town B (“the Town B property”) with the highest bidder at the end of the 30 day period having first option to retain that property, but should the first option not be confirmed as taken up within seven (7) days of the close of bidding period then the other party have an option to retain the property at his or her highest bid such to be taken up within a further seven (7) days but providing that should neither party confirm the retention of the property at his or her highest bid then the property be placed on the market for sale provided that should either party elect to retain the Town B property then the other party transfer his or her right, title and interest to that party within 30 days of election to retain the property and the party retaining the property be solely responsible for and…
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- AGLC
- Sandstrom & Sandstrom [2025] FedCFamC1F 209
- Case
- [2025] FedCFamC1F 209
- Decision Date
CaseChat Overview and Summary
The court examined the evidence provided by both parties and found the wife to be an honest and responsive witness, whereas the husband's claims were compromised by his failure to present evidence from a forensic accountant who had apparently opined on the wife's drawings. The court concluded that the wife's drawings should be treated as income and not added back to the property pool. The court further decided that the net asset pool of the parties should be divided in a 60/40 ratio in favor of the wife. The court ordered the sale of certain assets, including the E Business and the property at F Street, Suburb G, and directed that the proceeds be used to pay off specific debts before any division of the remaining assets between the parties. The court also outlined a process for the parties to bid on specific properties and determined the distribution of personal assets and liabilities between the parties.
Orders
Orders of the court
LNC 411 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS SANDSTROM
Applicant
AND:
MR SANDSTROM
Respondent
ORDER MADE BY:
MCGUIRE J
DATE OF ORDER:
3 APRIL 2025
THE COURT ORDERS THAT:
1. The net property pool of the parties pursuant to the findings in these Reasons, but excluding superannuation, be divided as to 60 per cent to Ms Sandstrom (“the wife”) and 40 per cent to Mr Sandstrom (“the husband”).
2. Within 30 days of the date of these Orders the parties each make bids in writing to the other through their solicitors on the record or further bids as may be the case in respect of the property situate at C Street, Town B (“the Town B property”) with the highest bidder at the end of the 30 day period having first option to retain that property, but should the first option not be confirmed as taken up within seven (7) days of the close of bidding period then the other party have an option to retain the property at his or her highest bid such to be taken up within a further seven (7) days but providing that should neither party confirm the retention of the property at his or her highest bid then the property be placed on the market for sale provided that should either party elect to retain the Town B property then the other party transfer his or her right, title and interest to that party within 30 days of election to retain the property and the party retaining the property be solely responsible for and indemnify the other in respect of the mortgage liability secured by Westpac Bank and provide a release of that liability from the bank to the other party.
3. Should the Town B property be placed for sale then the wife nominate three (3) qualified salespersons and the husband then within seven (7) days thereafter make an election from such nominees and that person or firm be instructed to conduct the sale of the property.
4. The parties cooperate in the sale of the Town B property by prudently signing all authorities and documents presented to them and accepting the advice of the agent as to the mode of sale and reasonable sale price and terms.
5. The proceeds of sale of the Town B property be disbursed as follows:
(a) the payment of any mortgage loan secured by the Town B property;
(b) the reasonable costs and disbursements on the sale; and
(c) the balance to the “D Business” loans owing by the parties to Westpac Bank being the particular loan as agreed by the parties and failing agreement then to the loan currently with the greater outstanding liability.
6. Forthwith the wife do all acts and things to sell the assets of the business “E Business” such sale to be at arm’s length and at value with the proceeds of such sales to be disbursed as follows:
(a) any legal costs and disbursements on the sales; and
(b) the balance towards the “D Business” loans owed to Westpac Bank and as agreed between the parties but failing agreement then to the loan with the greater current outstanding liability at that time.
7. Within 30 days of the date of these Orders the husband confirm in writing with the wife’s solicitors whether he elects to retain the property situate at F Street, Suburb G in Tasmania and if so then within a further 30 days from such election being conveyed by the husband:
(a) the wife transfer to the husband all her right, title and interest in the property situate F Street, Suburb G in Tasmania (“the F Street property”);
(b) the husband be solely responsible for and indemnify the wife in respect of any outstanding “D Business” loans owing to Westpac Bank and provide a release by the bank to the wife accordingly; and
(c) contemporaneously with the transfer, pay to the wife such cash sum so as to effect a 60/40 per cent division of the tangible property pool of the parties pursuant to the findings in the Reasons herein.
8. Should the husband not elect to retain the F Street property within the time limit provided for by these Orders then parties together do all things and sign all documents necessary to place the property for sale and for these purposes the husband nominate three suitably qualified and experienced real estate agents and within seven (7) days of receipt of the nominees the wife make an election from those nominees and such elected nominee then have carriage of the sale of the said property and the parties then follow all reasonable recommendations of the agent as to the mode of sale price and terms.
9. The proceeds of sale of the F Street property be disbursed as follows:
(a) to the reasonable costs and disbursement on the sale;
(b) to the payment of any outstanding “D Business” loan liabilities owing to Westpac Bank; and
(c) the balance so as to give effect to a 60/40 per cent division of the net tangible property of the parties pursuant to the Reasons herein.
10. Within 30 days of the date of these Orders the wife shall:
(a) transfer all her right, title and interest in the following to the husband absolutely:
(i) all personalty and chattels in the possession of or under the control of the husband as at the date of these Orders;
(ii) any motor vehicle in the possession or control of the husband as at the date of these Orders;
(iii) the caravan, boat, Motor Vehicle 2, and Motor Vehicle 3 in the possession of the husband as at the date of these Orders;
(iv) the balances of any bank accounts or like investments in the name of or to the benefit of the husband as at the date of these Orders; and
(v) the husband’s superannuation policy and entitlement.
(b) be solely responsible for and indemnify the husband in respect of the following:
(i) any liability attaching to any of the assets retained by the wife pursuant to these Orders; and
(ii) any and all liabilities incurred by the wife since separation in either her name alone or in joint names.
11. Contemporaneously with the transfer and vesting orders in order 10 herein, the husband shall:
(a) transfer and/or vest all his right, title and interest in the following to the wife absolutely:
(i) the property situate at H Street, Suburb G in Tasmania and registered in the wife’s name;
(ii) the properties situate at J Street, Suburb K in Tasmania;
(iii) all personalty and chattels in the possession or under the control of the wife as at the date of these Orders;
(iv) the wife’s Motor Vehicle 1;
(v) the Plant Hire;
(vi) the Site Office;
(vii) the balances of any bank accounts or like investments in the name of or to the benefit of the wife as at the date of these Orders; and
(viii) the wife’s superannuation policy and entitlement.
(b) be solely responsible for and indemnify the wife in respect of the following:
(i) any liabilities attaching to any of the assets to be retained by the husband pursuant to these Orders;
(ii) any and all liabilities incurred by the husband since separation either his name alone or in joint names; and
(iii) the loan in respect of the caravan to be retained by the husband pursuant to these Orders,
12. Pursuant to s 81 of the Family Law Act 1975 (Cth) the parties intend that these Orders shall as far as practicable finally determine the financial relationship between them and avoid further proceedings between them.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Significantly in my view, and where the thrust of the husband’s case is in respect of “unexplained drawings”, in his Case Summary document he makes reference to a forensic accountant being engaged to analyse the financials of the E Business who apparently provided an opinion of the wife “removing an additional $500,000 by way of drawings from the business”. For reasons that are unexplained, the forensic accountant did not provide an affidavit or give evidence to this Court. There is no suggestion that the forensic accountant had access to the wife who gives some explanation as to her “drawings” but also asserts that the figure of $500,000 is inflated on the basis that she has also made credits “to the business accounts”. As such, the assertions made by the husband are, in my view, compromised by his failure to adduce evidence from the forensic accountant. In his final submissions, the husband’s counsel claimed the net drawings were an estimated $495,000 but no evidence in proper form was given or adduced to substantiate this claim noting again the husband asserts reference to a forensic accountant but that person was not called to give evidence. CONSIDERATIONTHE PROPERTY POOL Where the wife purchased a property at Town T in 2023 but where, accepting the evidence of the wife and Mr L, the wife has no equity in that property, it was conceded by the husband’s counsel in final submissions that this property should not be included in the property pool. At the commencement of the trial and noting the husband’s Case Summary document, there appeared to be some dispute as to the value of the E Business. Again, by the time of final submissions, counsel for the husband reluctantly but appropriately agreed that the most recent valuation of the business was relevant for the purposes of these Reasons given that valuation on an asset basis and where it is now agreed that I will order the sale of the assets of that business therefore without any goodwill consideration. Prior to any consideration of asserted add-backs, I find the property pool of the parties to comprise the following and generally by agreement between the parties: The liabilities are as follows: The net tangible property pool is $1,450,285. The superannuation of the parties is: The wife claims a further liability of her personal indebtedness to the Australian Taxation Office of $159,957. The issue of whether to include this as a liability of the marriage is dependent, of course, on how I treat the husband’s argument of adding-back the wife’s drawings from the business to the property pool as against the wife’s arguments that her income from her labours and management of the E Business of simply being divided by her accountant into “salary” and “drawings”. Interestingly, whilst the husband argues for inclusion or add-back of the wife’s drawings since separation, he also argues against the inclusion of her taxation liability in the pool. ADD-BACKS The husband asserts that the wife took drawings from the E Business of E$495,000 between July 2020 and June 2024 being a period of four years.