Tyrell & Tyrell

Case [2022] FedCFamC2F 1214


Federal Circuit and Family Court of Australia

(DIVISION 2)

Tyrell & Tyrell [2022] FedCFamC2F 1214

File number(s): CAC 103 of 2020
Judgment of: JUDGE W J NEVILLE
Date of judgment: 14 September 2022
Catchwords: FAMILY LAW – Parenting and property applications – 25 year long marriage – where alleged incident involving the police occurred in December 2019 and Mother has not seen the children since – Father’s evidence was shambolic and not credible – evidence that children have clearly been informed about the litigation, despite Orders prohibiting this – reports of the Father’s inappropriate behaviour towards and around the children – concerning shortcomings in the Father’s parenting – allegations against the Mother not substantiated – Mother’s evidence was more measured and credible – parenting Orders made as proposed by the ICL and supported by the Mother for the youngest child to live with the Mother – but for the ages of the older children, the Court would likely Order them to change residence as well – substantial property pool containing marital home and joint bank account – marital home was owned by the second respondent Grandmother however has been in the Father’s name since 2015 due to a false statutory declaration – funds from joint bank account withdrawn right before proceedings commenced - Father and Grandmother claim the property is only in the Husband’s name fraudulently and not part of the property pool – finding that funds were removed for the purpose of ensuring they could not be reached by the Mother - the Grandmother and Father cannot benefit from their own wrong according to the maxim ex turpi causa non oritur action – finding the real property and funds are both assets or in the alternative financial resources for the purposes of the property pool –weight given to the Father for initial and ongoing financial contribution - Orders made for a 45/55 property division in the Husband’s favour - where potential breach of expert witness guidelines – where potential contempt and breach of s121 – Jones v Dunkel inferences.
Legislation:

Evidence Act 1995 (Cth) s 128

Family Law Act 1975 (Cth) Family Law Act 1975 (Cth), ss. 60CA, 60CC(3)(a) – (m), 65DAA, 75(2), 79(2) & (4), 106B, 121

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Part 6.1

Cases cited:

AMS v AIF (1999) 199 CLR 160

Bevan v Bevan (2013) 279 FLR 1; (2013) 49 Fam LR 387

Black & Kellner (1992) 15 Fam LR 343

Bondelmonte v Bondelmonte (2017) 259 CLR 662

Byrnes v Kendle (2011) 243 CLR 253

Chang v Su (2002) 170 FLR 244; (2002) 29 Fam LR 406

Chapman v Chapman (2015) 51 Fam LR 176

Collu & Rinaldo [2010] FamCAFC 53

Dickons v Dickons (2014) 50 Fam LR 244

Fields v Smith (2015) FLC 93-638; (2016) 53 Fam LR 1

Fox v Percy (2003) 214 CLR 118

Godfrey & Saunders (2007) 208 FLR 287

Goode v Goode (2006) 206 FLR 212; (2007) 36 Fam LR 422

Continue reading Tyrell & Tyrell

Sign in free to access the full text

Details
AGLC
Tyrell & Tyrell [2022] FedCFamC2F 1214
Case
[2022] FedCFamC2F 1214
Decision Date

CaseChat Overview and Summary

The matter before the Court involved a 25-year long marriage, which ended in December 2019. The parents had three children, two 16-year-old twins, and an 11-year-old. The children had not seen their mother since December 2019. The father alleged that the mother was violent towards the children and had an affair with another man. The mother alleged that the father sexually abused the children and had inappropriate behaviour towards them. The court was required to decide on the parenting arrangements and the division of the property. The court found that the father's evidence was not credible, and the mother's evidence was more credible. The court found that the mother's allegations of sexual abuse and inappropriate behaviour by the father were not substantiated. The court found that the father's conduct in relation to the property was fraudulent and misleading, and that the mother was entitled to a share of the property. The court ordered that the children should spend time with their mother, and that the property should be divided 45/55 in favour of the father. The court also made orders in relation to the children's contact with their mother and the disclosure of information between the parents.

Orders

Orders of the court

Full text does not contain this section.

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.