FEDERAL MAGISTRATES COURT OF AUSTRALIA
SAWYER & SAWYER [2011] FMCAfam 610
FAMILY LAW – Property – setting aside of binding financial agreement, assessment of asset pool – addbacks – lottery win.
Family Law Act 1975, ss.75, 79, 90G(1)
Hackshaw v Hackshaw [2010] FamCA 1123
Hickey & Hickey and Attorney-General for the Commonwealth of Australia (Intervener) (2003) FLC 93-143
In the marriage of Townsend & Townsend (1995) FLC 92-569
In the marriage of Zyk & Zyk (1995) FLC 92-644
Kouper v Kouper (No.3) [2009] FamCA 1080
Parker v Parker [2010] FamCA 664
Pierce v Pierce (1999) FLC 92-844
Applicant: MS SAWYER
Respondent: MR SAWYER
File Number: ROC 266 of 2010
Judgment of: Cassidy FM
Hearing dates: 24 & 25 March 2011
Date of Last Submission: 25 March 2011
Delivered at: Brisbane
Delivered on: 7 June 2011 REPRESENTATION
Counsel for the Applicant: Ms Alexander
Solicitors for the Applicant: Journey Family Lawyers
Counsel for the Respondent: Mr Westbrook
Solicitors for the Respondent: South & Geldard IT IS DECLARED:
(1)That the agreement entered into by the parties in 2001 is not a Binding Financial Agreement within the meaning of section 90G(1) or 90G(1A) Family Law Act 1975.
IT IS ORDERED BY THE COURT:
(2)That the net asset pool of the Applicant and Respondent be distributed on a 54% - 46% basis in the Husband’s favour.
(3)That the schedule to these Orders attached hereto and marked as “Annexure A – Net Asset Pool” forms part of the Orders.
(4)That in the event that either party seeks to apply for costs, the applicant is to file and serve written submissions by no later than 4:00pm on 21 June 2011.
(5)That the respondent file and serve written submissions in reply by no later than 4:00pm on 28 June 2011.
(6)That any costs argument will be determined on the papers.
(7)That the matter be adjourned for mention to 9:30am on 5 July 2011 at the Federal Magistrates Court of Australia at Rockhampton.
NOTATION:
(A)It is noted that should either party file submissions in relation to costs the judgment will be delivered on 5 July 2011.
(B)It is noted that if the parties forward a draft agreed order then the Order may be made in Chambers and all future dates vacated.
(C)Annexure A – Net Asset Pool
| ASSETS | VALUE |
| Husband’s property – [1] Property E | $310,000.00 |
| Jointly owned [2] Property E | $240,000.00 |
| Jointly owned [3] Property E | $200,000.00 |
| Jointly owned Property P | $215,000.00 |
| Husband’s third share in Property L | $70,000.00 |
| Joint [omitted] Account No. [1] | $7,602.00 |
| Joint [omitted] Account No. [2] | $3,500.00 |
| Husband’s third share of [omitted] Account No. [3] | $358.00 |
| Husband’s [bank omitted] Account No. [4] | $157.00 |
| Husband’s [A] Shares – 408 @ $5.31 | $2,166.00 |
| Wife’s [vehicle omitted] | $18,000.00 |
| Husband’s chattels ([business omitted]) | $96,500.00 |
| Husband’s cash on hand | $5,000.00 |
| Husband’s [A] Super | $14,069.00 |
| Wife’s [bank omitted] Account No. [5] | $6,000.00 |
| Wife’s [bank omitted] Account No. [6] | $233,500.00 |
| Addbacks | |
| Husband’s legal fees | $14,933.00 |
| Wife’s legal fees | $28,500.00 |
| Distributions to the Wife | |
| Difference between drawings… | |
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- Sawyer and Sawyer [2011] FMCAfam 610
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