Stoddard & Glover

Case [2016] FamCA 674


FAMILY COURT OF AUSTRALIA

STODDARD & GLOVER [2016] FamCA 674
FAMILY LAW – PROPERTY SETTLEMENT – Where the parties were married for approximately seven years and have two children – Where the parties were in agreement that the Court should take a two pool approach – Whether the parties’ legal fees should be included as an “add back” into the balance sheet – Where the Court determines that it is appropriate for the legal fees to be considered in the context of section 75(2)(o) – Where the husband developed a successful business and made a greater initial contribution – Where the wife contributed as homemaker and parent – Where the wife contributed directly and indirectly to the development of the husband’s business –Where the Court finds the parties’ contributions should be assessed at fifty-two and a half per cent to the husband and forty-seven and a half per cent to the wife – Where the Court finds section 75(2) factors favour an adjustment of ten per cent to the wife – Where the Court determines that the parties’ self-managed superannuation fund should be split sixty per cent in favour of the husband and forty per cent in favour of the wife – Orders made.

Family Law Act 1975 (Cth) ss 75, 79

Bevan & Bevan (2013) FLC 93-545
Carmel-Fevia & Fevia (No. 3) [2012] FamCA 631
Chorn & Hopkins (2004) FLC 93-204
Coghlan & Coghlan (2005) FLC 93-220
DJM & JLM (1998) 92-816
Drewett & Drewett [2012] FamCA 320
Harriott & Arena [2016] FamCAFC 69
Kardos v Sarbutt (2006) 34 Fam LR 550
Mallet & Mallet (1984) 156 CLR 605
Mayne & Mayne (2011) FLC 93-479
Omacini & Omacini [2005] FamCA 195
Petruski & Balewa (2013) 49 Fam LR 116
Pierce & Pierce (1999) FLC 92-844
Quaresmini & Quaresmini [1999] FamCA 1314
Sebastian & Sebastian (No. 5) [2013] FamCA 191
Stanford & Stanford (2012) 247 CLR 108
Tomasetti & Tomasetti (2000) FLC 93-023
Vass & Vass (2015) 53 Fam LR 373

APPLICANT: Mr Stoddard
RESPONDENT: Ms Glover
FILE NUMBER: SYC 971 of 2013
DATE DELIVERED: 16 August 2016
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: McClelland J
HEARING DATE: 5 - 7 April 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Campton SC
SOLICITOR FOR THE APPLICANT: Pigdon Norgate Family Lawyers
COUNSEL FOR THE RESPONDENT: Ms Christie
SOLICITOR FOR THE RESPONDENT: Rama Myers Family Lawyers

Orders

Property

  1. All previous property orders are discharged.

  2. Within twenty-eight (28) days of the date of these Orders, the husband is to pay to the wife the sum of $441 098.

  3. Within twenty-eight (28) days of the date of these Orders, the husband is to do all acts and things and sign all documents necessary to transfer to the wife the European motor vehicle registered number ...

  4. Within twenty-eight (28) days of the date of these Orders, the wife is to do all acts and sign all documents necessary to:

    (a)       Resign as an office holder of Stoddard Pty Ltd;

    (b)       Transfer to the husband…

Continue reading Stoddard & Glover

Sign in free to access the full text

Details
AGLC
Stoddard & Glover [2016] FamCA 674
Case
[2016] FamCA 674
Decision Date

CaseChat Overview and Summary

This matter concerned property settlement orders made by McClelland J. The parties, a husband and wife, sought to resolve their financial affairs following the breakdown of their marriage. The dispute involved the division of various assets, including real estate, company shares, trust entitlements, and superannuation interests.

The court was required to determine the appropriate distribution of the parties' property and superannuation entitlements. This involved considering the value of each asset and liability, and how these should be allocated between the husband and wife to achieve a just and equitable outcome. The court also had to address the ongoing responsibilities and indemnities related to certain assets and liabilities.

McClelland J applied the principles of the *Family Law Act 1975* (Cth) to achieve a just and equitable division of the parties' property. The court ordered the discharge of all previous property orders and stipulated specific timelines for the transfer of funds and assets. The husband was ordered to pay a sum of money to the wife and transfer a motor vehicle. The wife was required to resign as an officeholder of Stoddard Pty Ltd, transfer her shareholding and any sums due to her from the company to the husband, and was to be indemnified by the husband for her past role as an officeholder. Both parties were to assign their interests in sums due from the Stoddard Family Trust to the husband and the wife was to be removed as a beneficiary. Each party was to retain their respective mortgaged properties, with cross-indemnities for the mortgages. The court also made specific orders regarding the division of superannuation entitlements from the MR & MS Stoddard Superannuation Fund, requiring a reallocation of funds from the husband's entitlement to the wife's, and the removal of the wife as a trustee and member of the fund.

The orders provided for each party to retain all other real and personal property in their ownership, possession, or control, excluding the other party. Liberty was granted to re-list the matter for implementation issues.

Orders

Orders of the court

Property

1.

All previous property orders are discharged.

2.

Within twenty-eight (28) days of the date of these Orders, the husband is to pay to the wife the sum of $441 098.

3.

Within twenty-eight (28) days of the date of these Orders, the husband is to do all acts and things and sign all documents necessary to transfer to the wife the European motor vehicle registered number ...

4.

Within twenty-eight (28) days of the date of these Orders, the wife is to do all acts and sign all documents necessary to:

(a) Resign as an office holder of Stoddard Pty Ltd;

(b) Transfer to the husband all of her right, title and interest in her shareholding in Stoddard Pty Ltd; and

(c) Give effect to the assignment to the husband of all her right, title and interest in and to any sums due to her from the Stoddard Pty Ltd.

5.

Simultaneously with Order (4) above, the husband is to indemnify the wife and keep her indemnified from and against any actions, claims, suits or demands by reason of the wife having been an officeholder of Stoddard Pty Ltd.

6.

Within twenty-eight (28) days of the date of these Orders, the parties are to do all acts and sign all documents necessary to:

(a) Assign to the husband all of the wife’s right, title and interest in and to any sums due to her by the Stoddard Family Trust;

(b) Forego any right or claim she may have in respect of the Stoddard Family Trust whether as a potential beneficiary or otherwise; and

(c) Remove the wife as a beneficiary of the Stoddard Family Trust.

7.

The husband is to retain the property at E Street, D Town, and is to keep the wife indemnified in respect of the mortgage secured over the property and any actions, claims, suits or demands made in respect of the property.

8.

The wife is to retain the property at C Street, D Town, and is to keep the husband indemnified in respect of the mortgage secured over the property and any actions, claims, suits or demands made in respect of the property.

9.

Subject to any other order to the contrary, the husband is solely, legally and beneficially entitled to the exclusion of the wife, to all other real and personal property of whatsoever nature and kind in his ownership, possession and/or control as at the date of these Orders, including but not limited to, money on deposit, shareholdings, insurance policies, motor vehicles and personal effects.

10.

Subject to any other order to the contrary, the wife is solely, legally and beneficially entitled to the exclusion of the husband, to all other real and personal property of whatsoever nature and kind in her ownership, possession and/or control as at the date of these Orders, including but not limited to, money on deposit, shareholdings, insurance policies, motor vehicles and personal effects.

Superannuation

11.

Within fourteen (14) days of the date of these Orders, the parties are to do all acts and sign all documents as are necessary and as are required by the Superannuation Industry (Supervision) Act 1993 (Cth) to give effect to the distribution of the parties’ entitlements in the MR & MS Stoddard Superannuation Fund (“the Fund”) so that:

(a) Such amount is allocated to the wife, as required by section 90MT(4) of the Family Law Act 1975 (Cth), out of the husband’s entitlement in the Fund so that the value of the husband’s entitlement in the Fund is reduced by $79 265;

(b) The wife’s interest in the Fund, including the allocation pursuant to Order (11)(a) above, is transferred into a complying fund as nominated by the wife;

(c) The parties do all acts and things necessary to remove the wife as a trustee and member of the Fund; and

(d) The husband’s entitlements remain in the Fund for the benefit of the husband.

12.

Subject to Order (11) above, each party is entitled to retain their interest in their superannuation entitlements as at the date of these Orders.

13.

The parties have liberty to re-list the matter on seven (7) days written notice to the other party and to the Court in respect to the implementation of these Orders.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.