Vasek & Vasek

[2012] FamCAFC 206

FAMILY COURT OF AUSTRALIA

VASEK & VASEK [2012] FamCAFC 206

FAMILY LAW – APPEAL – PROPERTY – Where the appellant husband appealed from orders for property settlement – Where the appellant husband asserted that the trial Judge erred in his Honour’s determination of the value of certain trade dollars – Where neither party produced evidence of the value of the trade dollars – Where the trial Judge concluded that it was appropriate to treat each trade dollar as being equivalent to one ordinary dollar based on their value to the husband as opposed to a third party – No appealable error established.
FAMILY LAW – APPEAL – PROPERTY – Where the appellant husband asserted that the trial Judge erred in his Honour’s determination not to add back money received by the respondent wife pursuant to orders made before the final hearing and in surplus of her legal fees – No appealable error established.
FAMILY LAW – APPEAL – PROPERTY – Where the appellant husband asserted that the trial Judge erred in his Honour’s determination not to add back money allegedly advanced to third parties – No appealable error established.

Family Law Act 1975 (Cth)

Gabel & Yardley (2008) FLC 93-386
Norbis v Norbis (1986) 161 CLR 513
Reynolds & Reynolds (1985) FLC 91-632
Turnbull & Turnbull (1991) FLC 92-258

APPELLANT: Mr Vasek

RESPONDENT: Ms Vasek

APPEAL NUMBER: WA 22 of 2011

FILE NUMBER: PTW 1097 of 2001

DATE DELIVERED: 7 December 2012

PLACE DELIVERED: Sydney

PLACE HEARD: Perth

JUDGMENT OF: Bryant CJ, Thackray &
Ainslie-Wallace JJ

HEARING DATE: 23 October 2012

LOWER COURT JURISDICTION: Family Court of Western Australia

LOWER COURT JUDGMENT DATE: 13 July 2011

LOWER COURT MNC: [2011] FCWA 50

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr John Hedges

SOLICITOR FOR THE APPELLANT: Butcher, Paull & Calder

COUNSEL FOR THE RESPONDENT: Mr Peter Dowding SC

SOLICITOR FOR THE RESPONDENT: Holden Barlow

Orders

1. The appeal be dismissed.

2. The appellant husband pay the respondent wife’s costs of and incidental to the appeal as agreed or, in default of agreement, as assessed on a party/party basis.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Vasek & Vasek has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT PERTH

Appeal Number: WA 22 of 2011
File Number: PTW 1097 of 2001

Mr Vasek

Appellant

And

Ms Vasek

Respondent

REASONS FOR JUDGMENT

1. Mr Vasek (“the husband”) appeals against orders for property settlement made by Crooks J on 5 August 2011.  Ms Vasek (“the wife”) resists the appeal and seeks to maintain his Honour’s orders.

2. The husband’s son from an earlier relationship had intervened in the proceedings before the trial Judge but did not appeal the decision.

Background

1. The husband and the wife commenced to live together in September 1985 and married in January 1998.  Each had been married before.  They separated in August 2004.

2. When the parties married neither had…