Stanic and Stanic - [2007] FamCA 1492

FAMILY COURT OF AUSTRALIA

STANIC & STANIC

[2007] FamCA 1492

FAMILY LAW – PROPERTY – Settlement in relation to marriage

Family Law Act 1975 (Cth)

APPLICANT:

Mr Stanic

RESPONDENT:

Ms Stanic

INDEPENDENT CHILDREN’S LAWYER:

Legal Aid Commission of New South Wales

FILE NUMBER:

PAF

1808

2003

DATE DELIVERED:

7 December 2007

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Justice Stevenson

HEARING DATE:

30 & 31 July 2007
1 August 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Schroder

SOLICITOR FOR THE APPLICANT:

Coleman & Greig

COUNSEL FOR THE RESPONDENT:

Mr Jackson

SOLICITOR FOR THE RESPONDENT:

Aitken Lawyers

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms Reynolds

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

Ms O'Donnell

Orders

I make the following orders:

That the husband do all things and execute all documents necessary to effect the sale of the property known as …, H in the State of New South Wales and to distribute the proceeds of sale as follows:
1.   in payment of agent’s commission and expenses
2.   in payment of legal costs and expenses incidental to the sale
3.   in payment of any legal costs and expenses owing by the husband to the solicitors acting on the subdivision of the property
4.   in discharge of the Esanda debt
5.   in payment of $20,000 to the husband and $10,000 to the wife
6.   in payment to each of the parties of one half of the balance then remaining
That the husband do all things and execute all documents required to effect the transfer to the wife of the whole of his interest in the Jeep Wrangler motor vehicle.
That, otherwise, each of the parties is declared to be solely entitled to all items of property in his and her respective possession.
That each of the parties is declared to be solely responsible for all liabilities in his and her respective names, subject to these orders.

IT IS NOTED that publication of this judgment under the pseudonym Stanic & Stanic is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAF 1808 of 2003

MR STANIC

Applicant

And

MS STANIC

Respondent

REASONS FOR JUDGMENT

the proceedings

The parties to these proceedings are Mr Stanic and Ms Stanic. On 13 November 2003 they consented to orders for settlement of their property. By his Amended Application filed 23 February 2006, the husband sought to vary those orders pursuant to section 79A of the Family Law Act. He also sought to discharge an order that he pay spouse maintenance of $400 per week, to the wife until she received a sum of $1 million pursuant to the property orders.
The husband’s Amended Application also sought parenting orders in respect of three of the parties’ four children, namely:
S born in December 1990 (16)
V born in November 1997 (10) and
P born in April 1999 (8)
The Amended Response filed by the wife on 26 June 2007 sought the dismissal of the husband’s…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Stanic and Stanic

Details

AGLC: Stanic and Stanic [2007] FamCA 1492
Case: [2007] FamCA 1492
Decision Date: 7 December 2007

CaseChat Overview and Summary

In the matter of *Stanic and Stanic*, Justice Stevenson of the Supreme Court of New South Wales was required to determine the division of property and liabilities between the parties following their separation. The dispute concerned the sale of a jointly owned property, the distribution of its proceeds, the transfer of a motor vehicle, and the allocation of remaining assets and liabilities.

The court was tasked with determining how the proceeds of the sale of the property at H, New South Wales, should be distributed. This involved prioritising various payments, including agent's commission, legal costs associated with the sale and a prior subdivision, a specific debt to Esanda, and then distributing a portion of the remaining funds to each party before an equal division of the balance. Additionally, the court needed to decide on the transfer of a Jeep Wrangler motor vehicle and clarify the parties' respective entitlements to other property and liabilities.

Justice Stevenson ordered that the husband was to take all necessary steps to effect the sale of the property and distribute the proceeds in a specific order of priority. This included payment of sale expenses, legal costs for the sale and subdivision, the Esanda debt, a fixed sum to the husband and a lesser sum to the wife, and finally, an equal division of any remaining balance. The husband was also ordered to transfer his interest in the Jeep Wrangler to the wife. All other property in each party's possession was declared to be their sole entitlement, and each party was made solely responsible for liabilities in their respective names, subject to the court's orders.

Orders

Orders of the court

I make the following orders:

That the husband do all things and execute all documents necessary to effect the sale of the property known as …, H in the State of New South Wales and to distribute the proceeds of sale as follows:

1. in payment of agent’s commission and expenses

2. in payment of legal costs and expenses incidental to the sale

3. in payment of any legal costs and expenses owing by the husband to the solicitors acting on the subdivision of the property

4. in discharge of the Esanda debt

5. in payment of $20,000 to the husband and $10,000 to the wife

6. in payment to each of the parties of one half of the balance then remaining

That the husband do all things and execute all documents required to effect the transfer to the wife of the whole of his interest in the Jeep Wrangler motor vehicle.

That, otherwise, each of the parties is declared to be solely entitled to all items of property in his and her respective possession.

That each of the parties is declared to be solely responsible for all liabilities in his and her respective names, subject to these orders.

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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