Exam question (Autumn 2018).pdf

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Page 3 of 9 Question 1 (50 marks) Write an appeal submission addressing four (4) grounds of appeal (errors of law) from this judgment on behalf of either the wife or husband. Refer to relevant legislative provisions and relevant cases to support your submissions. IN THE FAMILY COURT OF AUSTRALIA IN SYDNEY 1549 OF 2015 BETWEEN: FRANCINE URQUART Applicant -and- ROBERT CORMAN Respondent REASONS FOR JUDGMENT (FICTIONAL PROBLEM) Coram: THE HONOURABLE JUSTICE KINGSMAN Dates of Hearing: 20, 21, 22 June 2017 Date of Judgment: 18 July 2017 1. This case concerns the division of property pursuant to Section 90SM of the Family Law Act 1975 (Cth) (“the Act”) arising from the demise of a 17 year de facto relationship. 2. The Applicant, Ms Urquart, brought an Application before this Court on 16 August 2015 seeking Orders with respect to the various items of property owned by the parties and an application for spousal maintenance. The Respondent, Mr Corman, opposed those Orders in a Response filed on 19 September 2015 and sought opposing orders. 3. The evidence given in the three day hearing was unremarkable. There were very few instances where it was necessary to discern issues of credit, or where there were disputes of a significant factual nature.

Page 4 of 9 4. The issues that arose in this application included the threshold issue about whether it is just and equitable to divide the asset pool, the contributions made to the asset pool by the parties, the distribution of property that arises from the breakdown of this relationship, the ultimate determination pursuant to Section 90SM, as well as issues concerning maintenance. Background Facts 5. The uncontested evidence by the parties establishes the following findings of fact. The Applicant and Respondent lived as a de facto couple for 17 years commencing in May 1998. They met in 1997 after the Applicant moved back to her hometown of Gerringong on the NSW South Coast after winning the lottery in 1995. The Applicant was a primary school teacher who purchased an OzziLotto ticket and won the jackpot of $3 million. 6. By the time they separated, the Respondent’s assets were worth more than four times those of the Applicant. 7. The Applicant is 42 years old and was born on 10 January 1976. She is not currently employed, but relies on the New Start Allowance and other government benefits. She has not worked as a teacher for over 8 years after being diagnosed with a brain tumour in 2010, which she subsequently has been in remission for since 2012. However, she subsequently was clinically diagnosed with depression, anxiety and agoraphobia, being a fear of being in public places and spaces causing a feeling of being unsafe. 8. Since the separation in October 2014, she has relocated to Waterloo in Sydney where she spends her time painting works of art. She has won several major art prizes but has not yet received any commissions for work. Recently she was offered a commission by the Australian Government of $500,000 to paint a portrait of the former Governor General, but no income will be available from this until the portrait is completed. 9. The Respondent is now 46 years of age and was born in 1972. He has lived for 20 years on his cattle and horse property called ‘Faraway Downs’ near Gerringong, unencumbered by any mortgage. He spends most of his time in this enterprise, and as a member of the local volunteer surf lifesaver. 10. The Applicant purchased a house in Gerringong in 1994 and another in Camden in 1996 in which she resided. The Applicant substantially renovated the Camden property in 1996 with the

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