Sattar & Hayati

Case [2023] FedCFamC2F 1213

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Sattar & Hayati [2023] FedCFamC2F 1213   

File number(s): PAC 3925 of 2019
Judgment of: JUDGE OBRADOVIC
Date of judgment: 15 September 2023
Catchwords: FAMILY LAW – PROPERTY – Adjustment of property interests- 10 year marriage – 3 children – only one asset of significance being former matrimonial home which held in respondent’s sole name – assessment of contributions – future needs – property adjustment in applicant’s favour of 55/45  
Legislation: Family Law Act 1975 (Cth) ss.44(3), 79, 75(2)
Cases cited:

Bevan & Bevan [2013] FamCAFC 116

Chapman & Chapman [2014] FamCAFC 91

Halstron & Halstron [2022] FedCFamC1A 65

Hickey & Hickey & Anor [2003] FamCA 395

Russell & Russell [1999] FamCA 1875

Scott & Danton [2014] FamCAFC 203

Stanford & Stanford [2012] HCA 52

Teal & Teal [2010] FamCAFC 120

Division: Division 2 Family Law
Number of paragraphs: 65
Date of last submission/s: 30 May 2023
Date of hearing: 29-30 May 2023
Place: Parramatta
Counsel for the Applicant: Mr Hill
Solicitor for the Applicant: The Peoples Solicitors
Counsel for the Respondent: Ms Ryan
Solicitor for the Respondent: Farah Lawyers, Solicitors & Barristers

ORDERS

PAC 3925 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:

MS SATTAR

Applicant
AND:

MR HAYATI

Respondent

ORDER MADE BY:

JUDGE OBRADOVIC

DATE OF ORDER:

15 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.Within 21 days the parties do all such acts and sign all documents necessary so as to effect a sale of the property known as B Street, Suburb C, and more particularly described in Certificate of Title Folio Identifier … (“the Suburb C property”), with an agent and using a solicitor at a price agreed between the parties and failing agreement:

(a)At a price nominated by a valuer appointed by the President of the Real Estate Institute of New South Wales (“the valuer”);

(b)With an agent nominated by the President of the Real Estate Institute of NSW; and

(c)A solicitor/conveyancer nominated by the President of the NSW Law Society.

2.The parties shall each cooperate in every way with the agent including (without limiting the generality of the following):

(a)Making the keys available to the agent;

(b)Allowing inspection of the Suburb C property at all reasonable times as requested by the agent;

(c)Not doing or saying anything to hinder the sale being effected;

(d)Ensuring that the Suburb C property including the grounds are of a reasonably clean and tidy condition at the time of inspection by the agent and prospective purchasers; and

(e)Signing all documents requested by the agent in relation to the listing for sale of the Suburb C property except a contract or agreement for sale which has not been authorised by the parties’ solicitors.

3.Neither party may confer on any agent without the consent of the other party at any right to any sole or exclusive agency in respect of the Suburb C property or to any commission.

4.In the event the Suburb C property is not sold by private…

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AGLC
Sattar & Hayati [2023] FedCFamC2F 1213
Case
[2023] FedCFamC2F 1213
Decision Date

CaseChat Overview and Summary

The matter before the Federal Circuit and Family Court of Australia involved a property dispute between Ms Sattar and Mr Hayati, who were married for ten years and have three children. The primary asset in contention was their former matrimonial home, which was held in Mr Hayati's sole name. The court was tasked with assessing the contributions of both parties, evaluating their future needs, and determining an appropriate adjustment of their respective property interests. The case was heard by Judge Obradovic, who issued orders on 15 September 2023.

The central legal issue addressed by the court was the equitable distribution of the proceeds from the sale of the matrimonial home. The court had to consider the financial and non-financial contributions of each party during the marriage, their future financial needs, and the principle of equal sharing of property. The court was also required to determine whether a 55/45 split in favour of Ms Sattar was appropriate, considering the specific circumstances of the case.

In reaching its decision, the court thoroughly examined the evidence presented regarding the contributions of both parties and their respective needs. The court found that the contributions of Ms Sattar, both financial and non-financial, warranted a greater share of the proceeds from the sale of the matrimonial home. Additionally, the court considered Ms Sattar's future needs and concluded that a 55/45 split in her favour was equitable. The court ordered that the property be sold, with specific instructions on the sale process, the division of proceeds, and the handling of any remaining debts and liabilities.

The final orders of the court included detailed instructions for the sale of the matrimonial home, the division of proceeds between Ms Sattar and Mr Hayati, and the allocation of personal property and financial assets. The court also outlined the responsibilities of each party concerning their respective debts and liabilities. If either party failed to comply with the court's orders, the Registrar of the Court was appointed to execute the necessary documents on their behalf.

Orders

Orders of the court

PAC 3925 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS SATTAR

Applicant

AND:

MR HAYATI

Respondent

ORDER MADE BY:

JUDGE OBRADOVIC

DATE OF ORDER:

15 SEPTEMBER 2023

THE COURT ORDERS THAT:

1. Within 21 days the parties do all such acts and sign all documents necessary so as to effect a sale of the property known as B Street, Suburb C, and more particularly described in Certificate of Title Folio Identifier … (“the Suburb C property”), with an agent and using a solicitor at a price agreed between the parties and failing agreement:

(a) At a price nominated by a valuer appointed by the President of the Real Estate Institute of New South Wales (“the valuer”);

(b) With an agent nominated by the President of the Real Estate Institute of NSW; and

(c) A solicitor/conveyancer nominated by the President of the NSW Law Society.

2. The parties shall each cooperate in every way with the agent including (without limiting the generality of the following):

(a) Making the keys available to the agent;

(b) Allowing inspection of the Suburb C property at all reasonable times as requested by the agent;

(c) Not doing or saying anything to hinder the sale being effected;

(d) Ensuring that the Suburb C property including the grounds are of a reasonably clean and tidy condition at the time of inspection by the agent and prospective purchasers; and

(e) Signing all documents requested by the agent in relation to the listing for sale of the Suburb C property except a contract or agreement for sale which has not been authorised by the parties’ solicitors.

3. Neither party may confer on any agent without the consent of the other party at any right to any sole or exclusive agency in respect of the Suburb C property or to any commission.

4. In the event the Suburb C property is not sold by private treaty within 3 months from the date of these Orders then:

(a) The parties shall list the home for sale by public auction;

(b) The reserve price for the purpose of such auction shall be such as the parties agree upon within 14 days after the date upon which the Suburb C property is first listed for sale in accordance with Order 1.

(c) In the event that the bidding at the auction does not reach the reserve price, the parties may negotiate with the highest bidders or any other interested persons and effect a sale of the Suburb C property at a price which is not more than 10% below the reserve price or as agreed between them;

(d) If the Suburb C property remains unsold, the parties shall do all acts and things and sign all documents necessary to relist the Suburb C property for sale by public auction again at intervals of no more than 6 weeks with the reserve price to be reduced by 10% each auction.

5. That simultaneously with the sale of the Suburb C property, the parties shall do all such acts and sign all documents as are necessary to discharge any mortgage registered on the title of the Suburb C property.

6. That on settlement of the sale of the Suburb C property, the proceeds of sale be paid in the following manner and priority:

(a) All costs and expenses of sale including but not limited to legal costs and disbursements, valuer’s fees, agent’s commission, and auction expenses (including repayment of any such expenses as have been paid by either or both of the parties);

(b) The amounts required to discharge the mortgage;

(c) The amounts required to pay all municipal and water rates outstanding with respect to the Suburb C property;

(d) The amounts required to pay any other liabilities as agreed; and

(e) The balance then remaining shall be divided between the parties as follows:

(i) To the Applicant 55%; and

(ii) To the Respondent 45%.

7. That, as between the parties and subject to the above Orders, each party shall retain all right, title and interest to the exclusion of the other party in:

(a) All other personal property in their respective possession or control as at the date of these Orders, including any motor vehicles, furniture, furnishings and effects;

(b) All shares, debentures, units in unit trusts, bank, building society or credit union accounts standing in their sole name; and

(c) All interests in life insurance policies and financial resources, including superannuation funds standing in their sole name respectively as at the date thereof.

8. That each party shall, subject to the above Orders, be responsible for:

(a) All loans, debts, leases, hire purchases and other liabilities standing in their sole name;

(b) All credit cards in their sole name;

(c) Any and all taxation liabilities in their sole name; and

(d) Each party shall indemnify and keep indemnified the other party in respect of any and all such liabilities.

9. That in the event that either party refuses or neglects to execute any deed, document or instrument within 14 days of a request to do so, the Registrar of the Court in which these Orders are made be appointed pursuant to Section 106A of the Family Law Act 1975 (Cth) to execute such deed, or instrument in the name of such party and do all acts and things necessary to give validity and operation to the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of Affidavit.

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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