FEDERAL MAGISTRATES COURT OF AUSTRALIA
| WU & HEATON-WU | [2011] FMCAfam 144 |
| FAMILY LAW – Final property settlement – application by intervener – spousal maintenance – just and equitable. |
| Family Law Act 1975 (Cth), ss.72, 75(2), 79, 80, 81, 83, 90AE Federal Magistrates Act 1999 (Cth), s.18 |
| Strahan & Strahan (interim property orders) [2009] FamCAFC 166 Yates & Yates [2009] FamCA 1023 Puddy v Grossvard and Another (2010) 43 Fam LR 288 I Ltd v Chester [2010] FamCAFC 251 Ferdinand & Ferdinand & Anor [2010] FMCAfam 465 Worsnop v Worsnop (No.2) [2007] FamCA 1315 Hickey and Hickey and Attorney-General for the Commonwealth of Australia (2003) 30 Fam LR 355 C v C (2005) 33 Fam LR 414 AJO v GRO (2005) FLC 93-218 Kowaliw and Kowaliw (1981) FLC 91-092 Re NHC and RCH (2004) FLC 93-204 Finlayson and Finlayson [2002] FamCA 898 Aleksovski & Aleksovski (1996) FLC 92-705 Norbis & Norbis (1986) 161 CLR 513 Wilson and Wilson (1989) 13 Fam LR 205 Tomasetti & Tomasetti (2000) FLC 93-023 Warby and Warby (2002) FLC 93-091 Trustee for the Bankrupt Estate of N Lasic & Lasic [2010] FamCA 682 Firth v Centrelink [2002] NSW SC 451 Clauson & Clauson [1995] 18 Fam LR 693 In the Marriage of Anast and Anastopoulos [1981] 7 Fam LR 728 Vakil & Vakil (1997) FLC 92-743 Vailes & Vailes [2010] FMCAfam 391 |
| Applicant: | MR WU |
| Respondent: | MS HEATON-WU |
| Intervener | MICHAEL CONLEY LAWYERS |
| File Number: | SYC 1805 of 2009 |
| Judgment of: | Pascoe CFM |
| Hearing date: | 14 February 2011 |
| Date of Last Submission: | 14 February 2011 |
| Delivered at: | Sydney |
| Delivered on: | 19 April 2011 |
REPRESENTATION
| Counsel for the Applicant: | Mr Watkins |
| Solicitors for the Applicant: | N/A – Direct Brief |
| Counsel for the Respondent: | Self-represented |
| Solicitors for the Respondent: | Self-represented |
| Counsel for the Intervener: | Mr Millar |
| Solicitors for the Respondent: | Self-represented |
ORDERS
That by way of final property settlement, Mr Wu (the husband) and
Ms Heaton-Wu (the wife) do all acts and things and sign all documents necessary to allow the funds in ANZ Bank Account Number [omitted] in the name of Robert Van Aalst and Michael Conley representing the proceeds of sale of the matrimonial property, together with any interest, be paid as follows:(a)$134,265.75 to the husband; and
(b)$124,198.75 to the Intervener, Michael Conley Lawyers.
With any additional interest to be divided 50% to the husband and 50% to the Intervener.
That the husband Mr Wu pay to Legal Aid NSW the sum of $2,259.20 such sum being a further contribution towards the provision of an Independent Children’s Lawyer in family law proceedings and that such payment be made within three months of the date of these orders.
The injunction restraining the husband from accessing or in any way dealing with 50% (20,000) of his [P] Options be discharged.
The husband retain to the exclusion of the wife:
(a)The [P] Options;
(b)The BMW Motor Vehicle;
(c)Bank accounts, furniture, jewellery and musical instruments in his possession;
(d)[G] Finance Pty Ltd investment and associated liability;
(e)[I] Pty Ltd liability;
Continue reading Wu and Heaton-Wu
Sign in free to access the full text
- AGLC
- Wu and Heaton-Wu [2011] FMCAfam 144
- Case
- [2011] FMCAfam 144
- Decision Date
CaseChat Overview and Summary
The court examined the financial contributions of both parties, the needs of the wife and any children of the marriage, and the principles of fairness as outlined in the Family Law Act. The wife contended that the husband's financial contributions were minimal, and that she should receive a larger share of the assets. The husband argued for an equal division of assets and a reduction in spousal maintenance. The court considered these arguments and the evidence provided by both parties, ultimately determining the division of assets and liabilities in line with the legal principles governing family law.
In its decision, the court ordered the proceeds from the sale of the matrimonial home to be divided between the husband and an intervener, with interest on the balance to be split equally. The husband was required to make a further contribution to Legal Aid NSW for the provision of an Independent Children’s Lawyer. The court also ordered the discharge of an injunction concerning the husband's options, and detailed the division of personal property, investments, and liabilities. Spousal maintenance was set at $200 per week until a specified date, after which it was to be permanently discharged.
The final orders included detailed instructions for the division of assets, the payment of spousal maintenance, and provisions for enforcement in case either party failed to comply with the court's directives. The court empowered the Registrar to enforce compliance if necessary, ensuring that the terms of the settlement were carried out.
Orders
Orders of the court
1.
That by way of final property settlement, Mr Wu (the husband) and
Ms Heaton-Wu (the wife) do all acts and things and sign all documents necessary to allow the funds in ANZ Bank Account Number [omitted] in the name of Robert Van Aalst and Michael Conley representing the proceeds of sale of the matrimonial property, together with any interest, be paid as follows:
(a) $134,265.75 to the husband; and
(b) $124,198.75 to the Intervener, Michael Conley Lawyers.
With any additional interest to be divided 50% to the husband and 50% to the Intervener.
2.
That the husband Mr Wu pay to Legal Aid NSW the sum of $2,259.20 such sum being a further contribution towards the provision of an Independent Children’s Lawyer in family law proceedings and that such payment be made within three months of the date of these orders.
3.
The injunction restraining the husband from accessing or in any way dealing with 50% (20,000) of his [P] Options be discharged.
4.
The husband retain to the exclusion of the wife:
(a) The [P] Options;
(b) The BMW Motor Vehicle;
(c) Bank accounts, furniture, jewellery and musical instruments in his possession;
(d) [G] Finance Pty Ltd investment and associated liability;
(e) [I] Pty Ltd liability;
(f) His credit card liabilities.
5.
The wife retain to the exclusion of the husband:
(a) Jewellery and furniture in her possession;
(b) The Michael Conley Trust Account;
(c) Liabilities arising from personal loans to Ms H, Aunt G and the [C];
(d) Liability arising from debt to husband.
6.
The husband retain the artwork in storage and at the wife’s residence (item 10 on balance sheet), including but not limited to the Mr C drawing.
7.
The wife retain the items of furniture currently in storage (item 11 on balance sheet), conditional on her giving any children’s possessions or children’s items amongst the stored items to the husband.
8.
That the husband pay to the wife by way of spousal maintenance $200 per week until 3 July 2011, upon which date the husband’s obligation to pay spousal maintenance will be discharged permanently. The final payment of $200 will be for the week commencing Monday 27 June 2011.
9.
If either party shall refuse or neglect to sign any document or do any such thing as may be reasonably required to give effect to this Order within 14 days of the service of a demand upon him or her to execute such document or to do such thing, pursuant to s.106A of the Family Law Act 1975 (Cth) the Registrar of the Federal Magistrates Court of Australia is empowered to sign such document and to direct such things to be done in the name of the party in default.
NOTATION
A. The husband and wife have each already paid a contribution of $1,650.00 to Legal Aid NSW and the amount at order 2 above is a further contribution.
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.