Event and Time
Event Description
- Type of Case: Family Law - Final Property Proceedings
- Filing Party: Wife filed an Initiating Application on 15 February 2018 seeking property adjustment orders under Section 79 of the Family Law Act 1975 (Cth).
- Relationship Timeline: Cohabitation began in 2003, marriage in 2008, separation in February 2017.
- Judicial History:
- Initial orders made by Foster J on 29 April 2021 following a defended hearing. - Husband appealed to the Full Court, leading to remittal for a new hearing before Campton J. - Trial commenced on 22 August 2022, culminating in a negotiated compromise.
Application and Claims
- Parties:
- Applicant: Wife - Respondent: Husband (represented by a litigation guardian)
- Property at Issue:
- Significant interests in the corporation C Pty Ltd and their respective superannuation entitlements.
- Financial Disparity Claims:
- Wife asserted total property value of $4,989,751. - Husband’s litigation guardian contested this, claiming a value of $8,891,649.
Judicial Decisions
- Outcome: By consent, orders made as per Court Exhibit 4. The form is subject to the court's records to address typographical errors or variation per Federal Rules.
- Publication: Judgment published under pseudonym Falkner & Candle, approved under Section 121 of the Family Law Act 1975 (Cth).
Dispute Points and Legal Basis
Dispute Points
- Wife's Claim:
- Property pool valued at $4,989,751. - Asserted contributions to each property that may not reflect legal interests.