Brennan v McGuire (No 2)[2011] FCA 148

FEDERAL COURT OF AUSTRALIA

Brennan v McGuire (No 2)[2011] FCA 148 Citation: Brennan v McGuire [2011] FCA 148

Parties: ROBERT GEORGE BRENNAN v GLENYS FREYA MCGUIRE

File number: NSD 1147 of 2010

Judge: RARES J

Date of judgment: 17 February 2011

Date of hearing: 17 February 2011

Place: Canberra

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 14

Solicitor for the Applicant: M Reid of Phelps Reid

Counsel for the Respondent: The respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION NSD 1147 of 2010

BETWEEN: ROBERT GEORGE BRENNAN

Applicant

AND: GLENYS FREYA MCGUIRE

Respondent

JUDGE: RARES J DATE OF ORDER: 24 FEBRUARY 2011 WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. On 31 March 2011, or such other time as is fixed by the Registrar, the parties shall attend at the Court in Canberra (the settlement appointment) and, subject to each party complying fully with his and her obligations in these orders, at that time: (a) the applicant (Mr Brennan) shall deliver to the respondent (Ms McGuire): (1) an executed transfer in registrable form of his entire right, title and interest in the property known as 14 Hobart Avenue, Forrest in the Australian Capital Territory (the property); (2) the certificate of title for the property; (3) all unpaid notices for rates, water and utility services in respect of the property in his possession; (b) Ms McGuire shall deliver to Mr Brennan: (1) an executed resignation as a director and secretary of Rob Brennan Facilitation and Training Services Pty Ltd (the company); (2) an executed transfer of all shares held by her in the company; (3) an executed assignment to Mr Brennan of all her rights against and interests in the company in all respects, including as trustee of the Rob Brennan Superannuation Fund (the fund); (4) an executed indemnity in his favour in respect of any unpaid notices referred to in order 1(a)(3); 2. At the settlement appointment: (a) Mr Brennan shall deliver to Ms McGuire: (1) a members statement as at that date in respect of the interest of Wayne Kaufline (Mr Kaufline) together with a bank cheque in that sum in favour of Mr Kaufline or to such superannuation fund or trustee as he shall have directed in writing on or before 1 March 2011; (2) executed indemnities in favour of Ms McGuire and Mr Kaufline in respect of any claim that the company may make against them or either of them as trustee of or in respect of the fund; (b) Ms McGuire shall deliver to Mr Brennan: (1) an executed resignation by Mr Kaufline as a director of the company; (2) an executed assignment to Mr Brennan of all Mr Kaufline's rights against and interest in the company; (c) Subject to order 3(b) below, Ms McGuire shall deliver to Mr Brennan a bank cheque or bank cheques in the total sum of $775,000 in his favour or in favour of any person he may have nominated in writing not later than 1 March 2011. 3. In the event that Mr Brennan or Ms McGuire fails to perform an obligation under orders 1 or 2 above: (a) the Registrar is appointed to and may prepare, settle the terms and sign any document that such party was ordered to sign and do all such things as are necessary to give effect to these orders; (b) if Mr Brennan fails to deliver a bank cheque in favour of Mr Kaufline pursuant to order 2(a)(1), Ms McGuire shall deduct the amount that would have been payable by the fund to Mr Kaufline from the sum payable by her under 2 and, in lieu shall cause: (1) a bank cheque for that sum payable to Mr Kaufline to be delivered to the Registrar who shall thereafter deliver that bank cheque to Mr Kaufline together with the executed indemnity referred to in order 2(a)(1) upon delivery by him or Ms McGuire to the Registrar of the documents referred to in order 2(b); (2) a bank cheque for the balance of the sum of $775,000 to be delivered to Mr Brennan; 4. Not later than 20 February 2011, or further order: (a) Mr Brennan and Ms McGuire shall sign, and authorise their respective accountants, superannuation funds and financial advisors to prepare and sign, all such documents as are necessary to enable: (1) each of them to prepare any outstanding tax returns; and (2) each of them and Mr Kaufline to prepare any outstanding superannuation returns; (b) failing compliance with order 4(a), the Registrar forthwith is appointed to and shall sign any such documents; 5. Not later than 30 March 2011 Mr Brennan shall deliver or cause to be delivered to Ms McGuire at the property, in good order and condition: (1) all her personal records and effects and those of her children (including Frith Brennan) and her family in his possession, custody or power; and (2) without limiting order 5(1), the pastoral theme tapestry, dressing gown, camera tape and table (provided that the table, if it has not been restored, may be delivered in the condition it is at the date of these orders) referred to in paragraph 1 of Mr Brennan's affidavit sworn 7 February 2011 and thereupon such items shall be the proper to Ms McGuire. 6. Mr Brennan pay 50% of Ms McGuire's costs of the proceedings as taxed. 7. Upon compliance with these orders all personal property in the possession, custody and control of Mr Brennan and Ms McGuire respectively shall vest in interest and possession in him and her respectively. 8. Upon compliance with these orders by the parties, neither will have any right against, or liability to, the other in respect of the fund, the company or any interest in any real or personal property for which he or she would have been entitled to make a claim in these proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.