Federal Circuit and Family Court of Australia
(DIVISION 2)
Xinyi & Qiu [2022] FedCFamC2F 1715
File number(s): PAC 519 of 2021 Judgment of: JUDGE NEWBRUN Date of judgment: 13 December 2022 Catchwords: FAMILY LAW – PROPERTY – Property adjustment final hearing – Just and equitable property adjustment orders made. Legislation: Family Law Act 1975 (Cth) ss 75(2), 79(2), 102NA Cases cited: Lotta & Lotta [2017] FamCA 50 Division: Division 2 Family Law Number of paragraphs: 56 Date of last submission/s: 17 November 2022 Date of hearing: 11 November 2022 Place: Parramatta Counsel for the Applicant: Mr O’Reilly Solicitor for the Applicant: Sharon Payne Family Lawyers Solicitor for the Respondent: The Respondent appeared in person ORDERS
PAC 519 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS XINYI
Applicant
AND: MR QIU
Respondent
Ordermade by:
JUDGE NEWBRUN
DATE OF ORDER:
13 DECEMBER 2022
THE COURT ORDERS THAT:
1.In accordance with the Orders below, and by way of settlement of property pursuant to section 79 of the Family Law Act 1975 (Cth) (“the Act”), the net assets (including superannuation) of the parties and either of them be divided in the proportion 55 per cent/45 per cent in favour of the Wife.
2.Within 28 days of the date of these Orders, the parties shall do all acts and things and sign all documents necessary so as to effect sale of the property situate at and known as B Street, Suburb C being the whole of the land contained in Certificate of Title, folio identifier … (“the B Street, Suburb C Property”) in the following manner:
(a)The parties shall retain D Law Firm to act as the conveyancer on the sale and shall provide all information and do all things necessary for the conveyancer to prepare a contract for sale for the B Street, Suburb C Property;
(b)The parties shall list the B Street, Suburb C Property for sale by public auction with Real Estate Agent E;
(c)The reserve price for the purpose of such auction will be such as the parties agree upon within seven (7) days of the B Street, Suburb C Property being listed for auction, or in the absence of agreement, is to be determined by the Agent;
(d)In the event the bidding at the auction does not reach the reserve price, the parties may negotiate with the highest bidder or any other interested person and effect a sale of the B Street, Suburb C Property at a price agreed by the parties, but failing agreement, the parties must accept any offer within five per cent below the reserve price and must sell the property at that price;
(e)In the event the B Street, Suburb C Property remains unsold within fourteen (14) days of the auction provided for in Order 2(b), the parties shall do all acts and things and sign all documents necessary to immediately relist the B Street, Suburb C Property for sale by public auction again, on a date nominated by the…
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- Xinyi & Qiu [2022] FedCFamC2F 1715
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- [2022] FedCFamC2F 1715
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CaseChat Overview and Summary
Based on the court's orders, the Wife will receive a greater proportion of the parties' net assets due to the factors considered by the court. The court's decision demonstrates the importance of considering the contributions of both parties to the accumulation of their assets, as well as other relevant factors, in determining the division of property following a separation.
Orders
Orders of the court
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Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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