FAMILY COURT OF AUSTRALIA
| SUMMITT & SUMMITT AND ORS | [2009] FamCA 371 |
| FAMILY LAW – PROPERTY – Value of Property |
| Family Law Act1975 (Cth) Partnership Act 1891 (Qld) |
| Aleksovski v Aleksovski (1996) FLC 92-705 Pedler v Rumble and Renton (unreported, Supreme Court of Victoria, 5 November 1993) Pellegrino (1997) 22 Fam LR 474 Halsburys Laws of Australia – Lexis Nexis Australia |
| APPLICANT: | Mr Summitt |
| 1st RESPONDENT: | Ms Summitt |
| 2nd RESPONDENTS: | Mr and Mrs Summit (Snr) |
| FILE NUMBER: | BRF | 709 | of | 2006 |
| DATE DELIVERED: | 13 May 2009 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Murphy J |
| HEARING DATES: | 10 – 14 November 2008; 28 April, 2009 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Kirk SC |
| SOLICITOR FOR THE APPLICANT: | Hopgood Ganim Lawyers |
| COUNSEL FOR THE 1ST |
Continue reading Summitt & Summitt and Ors
Sign in free to access the full text
- AGLC
- Summitt & Summitt and Ors [2009] FamCA 371
- Case
- [2009] FamCA 371
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether certain properties, collectively known as "[N property]", should be declared the property of the partnership "[Summitt and Co]" for the purposes of property settlement, and whether a constructive trust should be imposed on a property known as "[P property]" in favour of the second respondents. The court also had to determine the extent of capital expended by the partnership on "[P property]" and capital contributed to the partnership by the second respondents.
Murphy J reasoned that for the purposes of section 79 of the *Family Law Act 1975*, the properties known as "[N property]" were to be declared the property of the partnership "[Summitt and Co]". The court dismissed the applications by the second respondents for the imposition of a constructive trust over "[P property]" and for declarations concerning capital expended by the partnership on "[P property]" and capital contributed by the second respondents to the partnership. The court ordered that the property of the parties or either of them, within the meaning of section 79, be distributed in the proportion of 57.5% to the husband and 42.5% to the wife. The parties were further ordered to file agreed minutes of order within 42 days to give effect to these orders and the reasons for judgment.
Orders
Orders of the court
That as and by way of settlement of property pursuant to Section 79 of the Family Law Act 1975 IT IS ORDERED THAT:
1.
For the purposes of ascertaining “the property of the parties or either of them” within the meaning of the said section, the properties described as Lots 1 and 2 on RP …, County of …, Parish of …, respectively title reference Nos. … and … and Lot 4 on RP …, County of …, Parish of …, title reference No. …, collectively known as “[N property]” be declared to be the property of the partnership known as “[Summitt and Co]”.
2.
The application by the Second Respondents for the imposition of a constructive trust in respect of the property owned by the husband and wife and known as “[P property]” is dismissed.
3.
The applications by the Second Respondents seeking declarations in respect of capital expended by the partnership known as Summitt and Co upon the property known as “[P property]” and capital contributed to the Summitt and Co partnership by the Second Respondents are each dismissed.
4.
The property of the parties or either of them within the meaning of s 79 of the Family Law Act 1975 be distributed in the proportion 57.5% to the husband and 42.5% to the wife.
IT IS FURTHER ORDERED THAT:
5.
Within 42 days of the date of this Order, the parties shall file by forwarding by joint e-mail addressed to Murphy J’s associate, agreed minutes of Order incorporating these orders and otherwise giving effect to these Orders and the Reasons for judgment published today.
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.