Volny & Jastrow

[2022] FedCFamC2F 1201

Federal Circuit and Family Court of Australia

(DIVISION 2)

Volny & Jastrow [2022] FedCFamC2F 1201

File number(s):

PAC 1027 of 2018

Judgment of:

JUDGE NEWBRUN

Date of judgment:

6 September 2022 

Catchwords:

FAMILY LAW – property adjustment - Orders made

Legislation:

Family Law Act 1975 (Cth), ss 75(2), 79(2), 102NA

Limitation Act 1969 (NSW), s 54

Cases cited:

 Lotta & Lotta [2017] FamCA 50

Division:

Division 2 Family Law

Number of paragraphs:

76

Date of hearing:

8–9 August 2022

Place:

Parramatta

Counsel for the Applicant:

Ms Mattar

Solicitor for the Applicant:

Choice Law Group

The Respondent:

The Respondent appeared in person

ORDERS

PAC 1027 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS VOLNY

Applicant

AND:

MR JASTROW

Respondent

order made by:	JUDGE NEWBRUN
DATE OF ORDER:	6 September 2022

THE COURT ORDERS THAT:

1.The matrimonial home situate and located at B Street, Suburb C in the state of New South Wales being all that land contained in Folio Identifier Lot … section … in Deposited Plan … be sold by way of public auction through a real estate agent agreed to by the parties.

2.The reserve price for the sale of the matrimonial home shall be agreed to by the parties or in the absence of agreement shall be a price nominated as the fair market value by the real estate agent.

3.On settlement of the sale of the matrimonial home, the gross settlement funds be disbursed as follows:

(a)In adjustment of all council rates and water rates due on settlement;

(b)Payment of the agent’s commission;

(c)Payment of all reasonable and necessary legal fees of the conveyance;

(d)Any amount required to pay the mortgage loan debt to NAB;

(e)The sum of $96,606 be paid to Ms D in discharge of her loan to the Husband;

(f)A sum representing 60% of the balance of the net proceeds of sale plus $40,050 be paid to the Wife;

(g)The balance be paid to the Husband.

4.Should the matrimonial home be sold at a price in excess of $885,000, then there shall be an adjustment of the monies payable to the Wife and to the Husband, pursuant to Order 3 above, in accordance with the Court’s Reasons for Judgment herein.

5.Subject to these Orders, the parties have the sole right, title and interest in any other property, including choses-in-action and superannuation, which is at the date hereof in their possession, title or name and they shall be solely liable for and indemnify the other against any personal liabilities.

6.In the event that either party refuses or neglects to execute any deed or instrument, a Registrar of this Court be appointed pursuant to section 106A of the Family Law Act 1975 (Cth) to execute such deed or instrument in the name of such party and to do all acts and things necessary to give validity to the operation to the deed or instrument.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This…