WOOD & GROVER

[2015] FCCA 951

FEDERAL CIRCUIT COURT OF AUSTRALIA

WOOD & GROVER [2015] FCCA 951

Catchwords:
FAMILY LAW – Application to set aside binding financial agreement – claims of duress and unconscionable conduct by Wife – Husband suffering from multiple medical conditions prior to, at time of, and after signing agreement – Wife organised agreement through an “online” service – independent legal advice provided to both parties by letter and by telephone.

Legislation:

Family Law Act 1975, ss.90G, 90K

Australian Competition and Consumer Commission v C G Berbatis Holdings Pty Ltd (2003) 2214 CLR 51
Blomley v Ryan (1956) 99 CLR 362
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447
Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40
Garcia v National Australia Bank Ltd (1998) 194 CLR 395
Hoult v Hoult (2014) 50 Fam LR 260
Jones v Dunkel (1959) 101 CLR 298
Wallace & Stelzer (2013) 283 FLR 126; (2013) FLC ¶93-566
Whereat v Duff (1973) 47 ALJR 540
Yerkey v Jones (1939) 63 CLR 649

Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies (5^th Edition) (J.D. Heydon, M. J. Leeming & P.G. Turner) (Sydney: LexisNexis Butterworths, 2015)

Applicant: MR WOOD

Respondent: MS GROVER

File Number: CAC 1444 of 2013

Judgment of: Judge Neville

Hearing date: 20 October 2014

Dates of Last Submission: 27 November 2014 & 31 March 2015

Delivered at: Canberra

Delivered on: 17 April 2015

REPRESENTATION

Solicitors for the Applicant: Self represented

Solicitors for the Respondent: Farrar Gesini Dunn

ORDERS

1. The Husband’s Application, filed 15^th September 2014, be dismissed.

2. The Applicant pay the Respondent’s costs, either as agreed or taxed.

IT IS NOTED that publication of this judgment under the pseudonym Wood & Grover is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAC 1444 of 2013

MR WOOD

Applicant

And

MS GROVER

Respondent

REASONS FOR JUDGMENT

Introduction

1. In an Application, filed 15^th September 2014, the self-represented Applicant, Mr Wood, relevantly sought the following order:[1]

   [1] I need not set out the consequential and other orders that seek the division of the property “as the Court sees fit”, other specific orders in relation to the delivery up of nominated chattels (e.g. a certain boning knife), and the repayment of the sum of $68,316.73 (plus interest) “for return of wages deposited into the Respondents [sic] Bank account from 29^th April 2010 to 29^th March 2012.”

   That the Binding Financial Agreement Between the Applicant and the Respondent be set aside.

2. A copy of the Binding Financial Agreement (“the BFA” or “the Agreement”), dated 8^th October 2010, is annexure C to Mr Wood’s affidavit, also filed 15^th September 2014. On its face, the Agreement purports to have been made pursuant to s.90B of the Family Law Act 1975 (“the Act”).  Annexure D to the same affidavit is a copy of a letter of advice to Mr Wood from a solicitor (Mr O’Brien), dated 6^th October…