Willans and Enmore (No 2)

Case [2021] FamCA 340


FAMILY COURT OF AUSTRALIA

WILLANS & ENMORE (NO. 2) [2021] FamCA 340

FAMILY LAW – ADJUSTMENT OF PROPERTY INTERESTS – 11-12 year de facto relationship – substantial interests involved.

FAMILY LAW – EVIDENCE – expert evidence – concurrent expert evidence – hot tub – relevant principles.

Corporations Act 2001 (Cth), s 180
Family Law Act 1975 (Cth), ss 90SF(3), 90SM
Family Law Rules 2004 (Cth)

Federal Court of Australia, Expert Evidence Practice Note (GPN-Expt), 25 October 2016

Federal Court Rules 2011 (Cth), r 23.15

Abalos v Australian Postal Commission (1990) 171 CLR 167

Baker v Towle (2008) 39 Fam LR 323
Bilous v Mudaliar (2006) 35 Fam LR 55

Brunskill v Sovereign Marine & General Insurance Co Ltd (1985) 59 ALJR 842
Chorn & Hopkins (2004) 32 Fam LR 518
Coghlan v Cumberland [1898] 1 Ch 704
Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588
Dearman v Dearman (1908) 7 CLR 549
Devries v Australian National Railways Commission (1993) 177 CLR 472
Dickons v Dickons (2012) 50 Fam LR 244
Divcon (Australia) Pty Ltd v Devine Shipping Pty Ltd [1996] 2 VR 79
Eufrosin & Eufrosin [2014] FamCAFC 191
Federal Commissioner of Taxation v St Helens Farm (ACT) Pty Ltd (1981) 146 CLR 336
Fox v Percy (2003) 214 CLR 118
Honeysett v The Queen (2014) 253 CLR 122
Hurst & Hurst [2018] FamCAFC 146
Husain v O & S Holdings (Vic) Pty Ltd [2005] VSCA 269
In the Marriage of Ahmad (1994) 18 Fam LR 514

In the Marriage of Aleksovski (1996) 20 Fam LR 894

In the Marriage of Gill (1984) 9 Fam LR 969
In the Marriage of McMahon (1995) 19 Fam LR 99
In the Marriage of Myerthall (1977) 3 Fam LR 11,324
In the Marriage of Pierce (1998) 24 Fam LR 377
In the Marriage of Waters (1981) 6 Fam LR 871
In the Marriage of Zappacosta (1976) 2 Fam LR 11,214

Jabour v Jabour (2019) 59 Fam LR 475

Jones v Hyde (1989) 63 ALJR 349
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Owners of SS Hontestroom v Owners of SS Sagaporack; SS Hontestroom v SS Durham Castle [1927] AC 37
Paterson v Paterson (1953) 89 CLR 212
Pioneer Plastic Containers Ltd v Commissioners of Customs and Excise [1967] Ch 597
Singerson & Joans [2014] FamCAFC 238
Stanford v Stanford (2012) 247 CLR 108
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (1999) 73 ALJR 306
Warren v Coombes (1979) 142 CLR 531
Willans & Enmore [2021] FamCA 73

Williams & Williams [2007] FamCA 313

Zaruba & Zaruba [2017] FamCAFC 91

Geraldine Andrews QC & Richard Millett QC, Law of Guarantees (Sweet & Maxwell, 6th ed, 2011)
The Hon. Justice John Middleton, Concurrent expert evidence: still flavour of the month? (FCA) [2018] FedJSchol 16
The Hon. Justice Steven Rares, Using the “Hot Tub” – How Concurrent Expert Evidence Aids Understanding Issues (FCA) [2010] FedJSchol 20

APPLICANT: Ms Willans
RESPONDENT: Mr Enmore
FILE NUMBER: SYC

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Willans and Enmore (No 2) [2021] FamCA 340
Case
[2021] FamCA 340
Decision Date

CaseChat Overview and Summary

The Family Court of Australia heard an application by Ms Willans (the applicant) for an adjustment of property interests following the cessation of a de facto relationship with Mr Enmore (the respondent) in November 2016. The relationship had commenced either in October 2004 or April 2005, and involved substantial property interests, including shares in a company named J Pty Ltd, real property, cash, and a self-managed superannuation fund. The applicant sought a 55% to 45% division of property in her favour, while the respondent proposed a 54% to 46% division in his favour.

The court was required to determine the just and equitable division of the parties' property interests. This involved assessing the contributions of each party to the relationship and to the acquisition, conservation, and improvement of the property, as well as considering future needs and other relevant circumstances under sections 90SF(3) and 90SM of the *Family Law Act 1975* (Cth). The court also considered the evidence presented, including the applicant's qualifications as a finance professional and her role in the respondent's company, J Pty Ltd, and the respondent's background as a tradesperson or trade engineer.

Justice Wilson found that a just and equitable division of the parties' property interests was a 50% split to each party. This decision was reached after considering the evidence, including the applicant's financial contributions and her role in the respondent's company, and the respondent's contributions. The court directed the parties to submit a minute of proposed orders to give effect to this 50/50 division.

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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