FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Trendor & Trendor (No 2) [2024] FedCFamC1F 842
File number(s): BRC 5389 of 2016 Judgment of: BAUMANN J Date of judgment: 5 December 2024 Catchwords: FAMILY LAW – PROPERTY – Assessment of contributions – Modest pool – Final property adjustment orders made Legislation: Family Law Act 1975 (Cth) ss 75, 79 Cases cited: Hickey & Hickey (2003) FLC 93-143
Trendor & Trendor [2018] FamCA 944
Division: Division 1 First Instance Number of paragraphs: 119 Date of last submission/s: 7 April 2022 Date of hearing: 10–12 March; 7 April; 9–10 August and 4 November 2021 Place: Brisbane Counsel for the Applicant: Litigant in person Counsel for the Respondent: Ms R Horsley Solicitor for the Respondent: DA Family Lawyers ORDERS
BRC 5389 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR TRENDOR
Applicant
AND: MS TRENDOR
Respondent
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
5 DECEMBER 2024
THE COURT ORDERS ON A FINAL BASIS:
Sale proceeds from S Street, Suburb L
1.That this Order shall act as authority for the wife’s solicitors to distribute the funds in the DA Family Lawyers Pty Ltd ATF Ms Trendor and Mr Trendor account with BSB … and account number …92, subject to Order 11 as follows:
(a)$854,600 to the wife;
(b)$295,400 to the husband; and
(c)As to any balance remaining, including interest that has accrued on the investment, as to 75% to the wife and 25% to the husband.
Other
2.That unless otherwise specified in this Order and within fourteen (14) days from the date of this Order, the husband and wife shall do all acts and things and sign all documents as may be necessary and required to close all accounts in the joint names of the husband and the wife, and upon closure any funds held in such accounts shall be distributed to the wife and become the sole property of the wife to the exclusion of the husband.
3.That the husband retain all right, title and interest in and to, and the wife relinquish any claims she may have against the husband in respect of the following:
(a)All of the husband’s superannuation and pension entitlements;
(b)The husband’s interest in and to the following:
(i)T Pty Ltd, and for that purpose the husband and wife shall do all acts and things and sign all documents as may be necessary and required, at the husband’s cost, to transfer all of the wife’s right, title and interest in and to T Pty Ltd to the husband and for the wife resign as director of T Pty Ltd;
(ii)P Ltd.
(iii)U Ltd;
(iv)V Ltd;
(v)V Trust; and
(vi)W Ltd.
(c)Subject to these Orders, all monies held in all bank accounts in the husband’s name;
(d)All furniture and household effects currently in the husband’s possession or control;
(e)All of the husband’s shares including but not limited to the following:
(i)Y Ltd;
(ii)O Pty Ltd;
(iii)Z Pty Ltd;
(iv)AA Ltd;
(v)BB Company shares; and
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- AGLC
- Trendor & Trendor (No 2) [2024] FedCFamC1F 842
- Case
- [2024] FedCFamC1F 842
- Decision Date
CaseChat Overview and Summary
The court meticulously evaluated the contributions made by each spouse during the marriage, including the non-financial contributions of Ms Trendor, and weighed them against the financial contributions of Mr Trendor. It considered the length of the marriage, the age and health of the parties, and their respective earning capacities. The court also assessed the value of the assets, including the proceeds from the sale of the property, and the need for either party to maintain a certain standard of living post-divorce.
Following its analysis, the court issued detailed final property adjustment orders. It directed the distribution of the sale proceeds from the property, awarding $854,600 to Ms Trendor and $295,400 to Mr Trendor, with any remaining balance, including accrued interest, divided in a 75/25 ratio in favour of Ms Trendor. The court also allocated various other assets to each party, including superannuation, shares, and personal belongings, while ensuring that each party retained certain assets and relinquished claims to others. The court further outlined indemnification arrangements and ordered the closure of joint accounts and the transfer of property titles. Additionally, the court addressed costs and outlined the process for any future costs applications.
The court's orders provided a comprehensive framework for the equitable division of the parties' property, taking into account their unique contributions and needs, and ensuring a fair outcome in the circumstances of the case.
Orders
Orders of the court
BRC 5389 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR TRENDOR
Applicant
AND:
MS TRENDOR
Respondent
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
5 DECEMBER 2024
THE COURT ORDERS ON A FINAL BASIS:
Sale proceeds from S Street, Suburb L
1. That this Order shall act as authority for the wife’s solicitors to distribute the funds in the DA Family Lawyers Pty Ltd ATF Ms Trendor and Mr Trendor account with BSB … and account number …92, subject to Order 11 as follows:
(a) $854,600 to the wife;
(b) $295,400 to the husband; and
(c) As to any balance remaining, including interest that has accrued on the investment, as to 75% to the wife and 25% to the husband.
Other
2. That unless otherwise specified in this Order and within fourteen (14) days from the date of this Order, the husband and wife shall do all acts and things and sign all documents as may be necessary and required to close all accounts in the joint names of the husband and the wife, and upon closure any funds held in such accounts shall be distributed to the wife and become the sole property of the wife to the exclusion of the husband.
3. That the husband retain all right, title and interest in and to, and the wife relinquish any claims she may have against the husband in respect of the following:
(a) All of the husband’s superannuation and pension entitlements;
(b) The husband’s interest in and to the following:
(i) T Pty Ltd, and for that purpose the husband and wife shall do all acts and things and sign all documents as may be necessary and required, at the husband’s cost, to transfer all of the wife’s right, title and interest in and to T Pty Ltd to the husband and for the wife resign as director of T Pty Ltd;
(ii) P Ltd.
(iii) U Ltd;
(iv) V Ltd;
(v) V Trust; and
(vi) W Ltd.
(c) Subject to these Orders, all monies held in all bank accounts in the husband’s name;
(d) All furniture and household effects currently in the husband’s possession or control;
(e) All of the husband’s shares including but not limited to the following:
(i) Y Ltd;
(ii) O Pty Ltd;
(iii) Z Pty Ltd;
(iv) AA Ltd;
(v) BB Company shares; and
(vi) CC Ltd.
4. That the wife retain all right, title and interest in and to, and the husband will relinquish any claims he may have against the wife in respect of the following:
(a) All of the wife’s superannuation and pension entitlements;
(b) The wife’s interest in and to the M Trust;
(c) All monies held in all bank accounts in the wife’s name;
(d) Motor Vehicle 1; and
(e) All furniture and household effects currently in the wife’s possession or control.
5. That the husband indemnify the wife and keep her indemnified in relation to any liability in the husband’s name or associated with any entity the husband has an interest in, including but not limited to:
(a) T Pty Ltd;
(b) P Ltd.
(c) U Ltd;
(d) V Ltd;
(e) V Trust; and
(f) W Ltd.
6. That the wife indemnify the husband and keep him indemnified in relation to any liability in the wife’s name, including but not limited to:
(a) Any liability in relation to the M Trust;
(b) Any credit cards in the wife’s name; and
(c) All monies owing to the wife’s father, Mr DD and EE Finance.
7. That unless otherwise specified in this Order and except for the purpose of enforcing the payment of any money due under this or any subsequent order:
(a) each party be solely entitled to the exclusion of the other to all property in the possession of such party as at this date;
(b) each party hereby foregoes any claim they may have to any superannuation benefits belonging to or earned by the other;
(c) all insurance policies to become the sole property of the policy owner named herein; and
(d) each party be solely liable for and indemnify the other against any liability encumbering any items of property to which that party is entitled, pursuant to this Order and any and all credit cards, personal loans or other liabilities in that party’s name.
8. That in the event either party refuses or neglects to do any act or thing or to sign any document necessary to give effect to this order, then pursuant to s 106A of the Family Law Act 1975 (Cth), a Registrar of this Court is hereby appointed to execute all deeds and documents in the name of the Respondent and/or the Applicant and do all acts and things necessary to give validity and operation to the said Order.
9. That unless otherwise ordered, the transferee spouse or the spouse receiving the benefit of any Order shall prepare the documentation necessary to give effect to these Orders at their cost and be responsible for the payment of registration fees in relation to the transfer of the property to their name.
10. That unless otherwise ordered, any duty levied pursuant to the Duties Act 2001 (Qld) payable on transactions arising from these orders or any documents executed under these Orders be paid by the transferee spouse or the spouse receiving the benefit of the transaction.
Costs
11. That pending any costs application filed by the wife within twenty eight (28) days from the date of this Order, the payment to be made to the husband pursuant to Order 1(b) shall be stayed on the following conditions:
(a) If the wife files an application for costs, then payment to the husband shall be stayed until the application for costs is determined;
(b) If the wife does not file an application for costs within twenty eight (28) days, then the stay Order shall cease and payment to the husband shall occur;
(c) If the wife files and serves an application for costs, then the determination of the application shall occur by the following process:
(i) The wife’s application shall be supported by an affidavit which provides details of the quantification of costs, together with any written submissions;
(ii) The husband shall file and serve within fifty six (56) days of this Order, any response or cross application supported by an affidavit and written submissions;
(iii) The wife shall within seventy (70) days of this Order, file and serve any written submissions strictly in reply; and
(iv) Unless otherwise ordered, any application for costs shall be determined on the papers in chambers.
12. That all outstanding Applications and Responses are otherwise dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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