Young, Joanne Elizabeth v Young, Leslie James [2012] NSWSC 1230

Young, Joanne Elizabeth v Young, Leslie James [2012] NSWSC 1230

The assets and liabilities of Mrs Young as at 30 June 2012 and 30 June 2000 were nil. Mr Young's assets and liabilities as at 30 June 2012 should be determined as set out in the adjusted Financial Statement prepared by Ms Lindsay on the basis of valuations and accounting evidence accepted by the Court, subject to the exclusion of unsubstantiated items. The Court was satisfied continuity could be inferred between the most recent figures and the relevant date, given the absence of evidence to the contrary from Mr Young.

Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Application for Property Settlement Under S 79 of the Family Law Act 1975 (cth) / Determination of Separate Questions Prior to Substantive Hearing
Outcome
Questions answered as set out in reasons subject to production of further documentation; costs orders made.
Legal Topics
['property Settlement' 'assets and Liabilities Assessment' 'separate Questions Procedure' 'costs Orders']
['family Law' 'civil Procedure'] ['property Settlement' 'assets and Liabilities Assessment' 'separate Questions Procedure' 'costs Orders']

Case Brief

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Procedural Posture

Application for Property Settlement Under S 79 of the Family Law Act 1975 (cth) / Determination of Separate Questions Prior to Substantive Hearing

Legal Issues

  1. 1 ['What were the assets and liabilities of each of Mr and Mrs Young as at 30 June 2012 and 30 June 2000 for property settlement assessment under s 79 of the Family Law Act 1975 (Cth)?' 'What is the evidential basis for determining the value of assets and liabilities at those dates?' 'Should the Court draw inferences about asset continuity between financial periods?']

Ratio Decidendi

The assets and liabilities of Mrs Young as at 30 June 2012 and 30 June 2000 were nil. Mr Young's assets and liabilities as at 30 June 2012 should be determined as set out in the adjusted Financial Statement prepared by Ms Lindsay on the basis of valuations and accounting evidence accepted by the Court, subject to the exclusion of unsubstantiated items. The Court was satisfied continuity could be inferred between the most recent figures and the relevant date, given the absence of evidence to the contrary from Mr Young.

Court Disposition

Questions answered as set out in reasons subject to production of further documentation; costs orders made.

Orders

  • ["The parties are to produce a document that sets out Mr Young's assets and liabilities as at 30 June 2012 in accordance with the adjusted Financial Statement and with Harrison AsJ's reasons." "The costs of and incidental to the plaintiff's notice of motion filed on 4 May 2012 (including the hearing on 10, 11 and 19...