Tavano & Tavano

Case [2022] FedCFamC2F 326


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Tavano & Tavano [2022] FedCFamC2F 326

File number(s): SYC 713 of 2017
Judgment of: JUDGE MORLEY
Date of judgment: 25 March 2022
Catchwords: FAMILY LAW – property – final defended hearing – orders pursuant to section 79 of the Family Law Act 1975 (Cth) – where asset pool is contested – where Court deals with asserted “addbacks” to the pool – where Court finds it just and equitable to make an order pursuant to section 79.
Legislation: Family Law Act 1975 (Cth), ss 75, 79, 79A, 117.
Cases cited:

AJO v GRO [2005] FamCA 195

Bevan & Bevan [2013] FamCAFC 116

Chang v Su [2002] FamCA 156

Dickons & Dickons [2012] FamCAFC 154

Fields & Smith [2015] FamCAFC 57

Fontana & Fontana [2018] FamCAFC 63

Grier & Malphas (2017) 55 Fam LR 107

Hepworth v Hepworth (1963) 110 CLR 309

Hickey & Hickey & Attorney-General for the Commonwealth of Australia (‘Hickey’) [2003] FamCA 395

In the Marriage of Harris (1991) 104 FLR 458

In the Marriage of Kowaliw (1981) FLC 91-092

Jabour & Jabour [2019] FamCAFC 78

Jones v Dunkel [1959] 101 CLR 298

Masoud & Masoud [2016] FamCAFC 24

Shan & Prasad [2018] FamCAFC 12

Stanford & Stanford (2012) 247 CLR 108

Talbot & Talbot [2015] FamCAFC 132

Tate v Tate [2000] FamCA 1040

Townsend & Townsend [1995] FLC 92-569

Trevi & Trevi [2018] FamCAFC 173

Vass & Vass [2015] FamCAFC 51

Division: Division 2 Family Law
Number of paragraphs: 224
Date of last submission/s: 9 December 2020
Date of hearing: 24-26 February 2020 and 2-3 November 2020
Place: Sydney
Counsel for the Applicant: Ms Snelling
Solicitor for the Applicant: Burt & Allen Lawyers
Counsel for the Respondent: Mr Jackson
Solicitor for the Respondent: Tomasevic Poljak Lawyers

ORDERS

SYC 713 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR TAVANO

Applicant

AND:

MS TAVANO

Respondent

ORDER MADE BY:

JUDGE MORLEY

DATE OF ORDER:

25 MARCH 2022

THE COURT ORDERS THAT:

1.Pursuant to section 79 of the Family Law Act 1975 (Cth):

(a)That within two (2) months from the date of these orders, the Husband Mr Tavano (‘the Husband’) do all acts and provide all consents and sign all documents as are necessary to transfer to the Wife Ms Tavano (‘the Wife’) all of his right, title, and interest in the property known as and situate at B Street, Suburb C, NSW being the whole of the land more particularly described in Certificate of Title Folio Identifier … (‘the former matrimonial home’).

(b)That simultaneously with order 1(a) above, the Husband and the Wife do all acts and provide all consents and sign all documents as are necessary to discharge registered mortgage number … to Bank D secured over the former matrimonial home, and the Wife is to be solely responsible as between the Husband and the Wife for any costs associated with obtaining and lodging a discharge of mortgage document.

(c)That within two (2) months from the…

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Tavano & Tavano [2022] FedCFamC2F 326
Case
[2022] FedCFamC2F 326
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CaseChat Overview and Summary

In Tavano & Tavano, the court considered a property settlement dispute between Mr and Ms Tavano following the breakdown of their marriage. The court was required to determine the appropriate division of the parties' property, including the former matrimonial home, bank accounts, and superannuation entitlements. The court found it just and equitable to make an order under section 79 of the Family Law Act 1975 (Cth) to alter the interests of the parties in their property. The court considered the contributions of the parties, both financial and non-financial, and the matters referred to in section 75(2) of the Act. The court found that an appropriate division of the property between the parties was 73.5% to the wife and 26.5% to the husband. The court made orders for the transfer of the former matrimonial home to the wife, the division of bank accounts, and the allocation of superannuation entitlements. The court also made an order for the wife to compensate the husband for half of any Capital Gains Tax liability arising from the sale of an investment property.

Orders

Orders of the court

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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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