Paxton & Keely [2023] FedCFamC2F 493

Paxton & Keely [2023] FedCFamC2F 493

Relationship Details

• Type: Marriage
• Duration: Cohabited from around 2002, married in 2011, separated on 17 January 2012.
• Ages of the parties at judgment: The wife is 42 years old; the husband is 41 years old.

Children

• Children from Relationship: Three children: an adult daughter (19), X (16) and Y (6).
• Special Needs or Circumstances: The mother has sole parental responsibility for X and Y, and there are restraining orders preventing contact from the father, due to family violence concerns.

Initial Financial Positions

• Neither party had significant assets at the start of the relationship. The Property was purchased during the relationship using the first home owners’ grant and a mortgage, with the maternal grandmother as a guarantor.

Contributions During the Relationship

• Financial Contributions:
  • Property purchased in 2009 using grant and mortgaged funds, mother’s mother was guarantor.
  • Husband worked full-time until a workplace injury in 2011.
  • Between 2012-2014, the father paid children’s school fees but otherwise made minimal contributions due to unemployment and drug addiction.
• Non-financial Contributions:
  • The mother was the primary homemaker and caregiver throughout the relationship and post-separation.
  • The father's involvement waned post-2011 due to his addiction and subsequent incarcerations.

Post-Separation Contributions and Actions

• Financial Contributions:
  • The mother continued to be responsible for mortgage payments and living expenses, relying on a disability support pension due to her health issues.
  • The father accrued $16,472.67 in unpaid child support.
• Non-financial Contributions:
  • The mother remained as the primary caregiver for the children, particularly supporting X and Y.
• Dissipation of Assets:
  • Father withdrew $4040 from the mortgage without the wife's consent and stole the wife's car in 2017.

Current Financial Position & Property Pool

• Mother’s Income: Disability support pension.
• Father's Income: Assessed for child support purposes, currently owes significant arrears.
• Property Pool:
  • The home at B Street, agreed at $500,000; total assets $538,200, including the husband's workers compensation payment and vehicles.
  • The wife retains the family home; mortgage held by Westpac.
• Superannuation and Other Resources: Each party retains their superannuation.

Assessment of Contributions and Future Needs

• Contributions:
  • Mother’s contributions to property and family are assessed at 90%; father’s contributions, primarily due to his incapacitation and legal issues, at 10%.
• Future Needs Adjustments:
  • Adjustment of 10% in the mother's favour due to her health issues, care responsibilities, and limited capacity to earn.
• Final Division: The wife keeps the home and pays the husband nothing, and each keeps their own superannuation and vehicles. The court calculated this as 85.81% to the wife and 14.19% to the husband, inclusive of the future needs adjustment.

Unique Aspects

• Family Violence and Criminal History: Significant incidents of family violence and criminal proceedings substantially affected the father's role and contributions.
• Protective Orders: Numerous intervention orders were made to protect the mother and children from the father, affecting potential contact and relationship continuity.
• Non-attendance by Father: The proceedings were partly undefended as the father did not attend, and there was no evidence supporting his claims, which contributed to the lack of adjustment in his favour.

This case highlights the impact of consistent family violence and criminal behaviour on property settlements and parenting arrangements, focusing primarily on the mother’s contributions and future needs due to her sole caregiving role and health conditions.

The law since this decision

This case was decided before 10 June 2025. From that date the Family Law Act 1975 (Cth) sets out the steps for a property settlement in s 79(3) to (5), and the court must consider the effect of family violence on each party's contributions (s 79(4)(ca)) and on their current and future circumstances (s 79(5)(a)), and any material wastage of property (s 79(5)(d)). In Western Australia, a property case between married couples is decided under that Act in the Family Court of Western Australia. A case between de facto partners in Western Australia is decided under the Family Court Act 1997 (WA), which has not adopted those 2025 changes.