NK Settlement Offer Assignment

1. fair settlement offer

N K considers a final settlement figure of $to be a fair and realistic number under the circumstances. These funds will allow her to purchase a reasonable property in a family suburb of Melbourne. The offer is based on both financial and non-financial factors.

2. Asset Pool

The Asset Pool table below is based on thorough review and assessment of all the documents submitted by JK. It should be noted that there was no Financially Binding Agreement or pre-nuptial agreement signed.

Footnotes

1. Property value is approximate and is based on realestate.com.au. We are informed that the property was purchased in 2015 for and still it is worth only;
2. This supplementary income is based on Tax Returns of FY2019, FY2020, and FY2021. Tax returns for FY 2016 to Fy2018 were requested but have not been disclosed. The supplementary income was never discussed with the wife and the husband has not disclosed where the sum was deposited and if the money was invested in another venture;
3. Breach of promises resulting from starting a family;

3. Hanover Lane property

• In the absence of any proof that there was a loan on, the information submitted by assertion that the property was purchased by as a gift to her son and would be daughter in-law who was in the process of converting to Judaism. The gift was in an anticipation to have Jewish grandchildren;
• Facility Letter is not a legal document for the following reasons.
  1. It is not signed by either the Lender or the Borrower;
  2. It has the wrong Borrower (Jacob Kino instead of JK);
  3. There is no specified loan end date;
  4. No nominated interest rates;
  5. No repayment schedule;
• Despite the legality of the Facility Letter, the intent behind the letter appears to be criminal in nature as the clauses were written with sole purpose of exercising control and creating financial dependency, commonly known as a Debt Trap. The following clauses demonstrate the intent behind the Facility Letter.
  • Clause 14 (a) Item (viii) - The Borrower dies - then the Lender shall be entitled to cancel the Facility and to demand immediate repayment of the outstanding Advance, together with all accrued interest, whereupon the same shall become immediately due and payable.
  • Clause 14 (b) - If the Borrower defaults in the payment of any moneys due to the Lender in respect of the Advance or under the Facility, the Borrower shall pay interest on the amount in default (as well after as before judgement) at the rate of twelve per centum (12%) per annum and such interest shall be paid on demand by the Lender.
  
  The Facility Letter was only submitted to in April 2023 after the separation proceedings began.
• was never shown loan documents before marriage and was never asked to contribute to loan repayments or repayment of capital as there was none in seven years. This confirmed Nehas belief that the house was a gift.

,strong>3.1 Sacrifice and Loss of Income

To comply with Kino family wishes, Neha sacrificed her Sikh religion and elected to convert to long and arduous process of converting to Judaism. On familys suggestion accepted a low paid ($250.00 per week) part-time clerical position with family-owned company Interconnekt between September 2017 and October 2020. The reasoning being that it would allow more time to study for conversion and in preparations to start a family. Neha, who was vegetarian, was persuaded to start eating fish to ensure good heath during pregnancy.

The above sacrifice resulted in a financial loss of approximately $150,000 over the three-year period and opportunity to gain more experience in her chosen field of retail and wholesale industry. sacrificed her career to bring joy in her married life.

3.2 Future Financial Considerations

If the settlement is not fair, JK will continue to live a debt free and financially comfortable life while NK will be severely disadvantaged as discussed below.

1. ino

• Enjoy significantly higher income from his salary ($115,000), supplementary income from trust funds, investments, gifts from his mother and unauthorised use of Interconnekt company resources;
• has investment in Sullivans Cove (perhaps in other ventures also that we are unaware of). Investment in Sullivans Cove of $250,000 in 2016 which will have a significantly higher Net Present Value as the share price has increased. The Kino Trust has also invested superannuation funds ($1,500,000 in 2016) in Sullivans Cove, of which JK is a part of;
• JK has unpaid distributed trust amount of approximately $1,141,134 (FY 2019) in Jack Cohen Trust;
• JK will inherit a very large sum at some point in time and has financial backing of his family fortunes;
• JK has a large funds in personal and family superannuation funds;
• Beneficiary in other trusts mentioned in the table (refer Asset Pool table Section 2);

2. NK

• NKs salary is only $82,000 per annum and she receives no bonuses, has no property or investments and has only a moderate savings of $105,000 (most of it accumulated using gifts from her parents so that she could use it when she starts a family) of which a large portion will be used for her legal fees;
• Being a single person on a very moderate salary will make it very hard for Neha to acquire a property or to rent a decent accommodation;

4. Non-financial factors

There were several situations that caused both emotional and psychological trauma to NK. Some of the factors are listed below.

• It was emphasised to NK by the husband and his family that Nehas conversion to Judaism was considered important as for the child to be Jewish, the mother has to be Jewish. The two-year arduous and difficult conversion process caused lot of stress;
• MK bought the two adjacent properties for her two sons so that Joel and Neha could look after her older son Jacob as he was experiencing some health issues at the time;
• Constant interference from MK caused many difficulties in relationship to the point that the couple had to see a marriage counsellor in 2019. The advice of the counsellor was dismissed by JK;
• In June 2020 after a domestic argument JK left the family home and went to stay with his mother for a period of four months. For the first month Joel did not contact Neha to ask about her well-being. It should be noted that this happened during the Covid 19 complete lockdown. This created an enormous difficult situation for Neha;
• Neha was verbally, and in writing, abused by Joels brother Jacob Kino. Joel skilfully practiced gas lighting techniques on Neha. Every time Neha will discuss her pain and sadness to Joel, Joel turned the tables on Neha and blamed her for the issues;
• Joel stopped intimate relationship with Neha to avoid having children citing the reason that if you dont get along with my family there is no reason to have children and yet promising to start a family in presence of three marriage counsellors and mutual friends. This continued until 4th February 2023. Joels breach of promises regarding having kids can be verified under oath by our friends and the marriage counsellors;
• Between 2020 and 2023 Neha and Joel consulted three marriage counsellors (all picked by JK). Joel promised to start having children in the presence of each counsellor. However, he never followed up. Because of his promises, Neha consulted doctors and specialists and went through fertility tests which turned out to be all in vain;
• There was no support from Joel or his family after the death of Nehas only bother at the age of thirty-three. Joel stopped communication with Neha for three weeks because she expressed her sadness to him about having no communication from his family. This happened only two weeks after the tragic and traumatic incidence. The psychologist had to tell Joel to hug his wife;
• The bullying and gas-lighting behaviour is evident from the letters from JKs lawyers particularly the ones dated 10th March 2023 and 9th June 2023. There is complete disregard for non-financial contributions by NK and total disregard of her two-year hard work while converting to Judaism. In these letters Neha has been told on two occasions to leave the house with two weeks notice and that her private health care and telephone will be cancelled.

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