Anderson and Walton

[2016] FamCA 588

FAMILY COURT OF AUSTRALIA

ANDERSON & WALTON [2016] FamCA 588

FAMILY LAW – SECURITY FOR COSTS – Where the wife seeks an order for security for costs  – Where security for costs is sought in relation to the husband’s application to set aside a binding financial and child support agreement – Where the husband resides overseas  – Where the husband is in arrears under the terms of the agreement – Where an order for security for costs would not oppress or stifle the husband’s application – Where the Court declines to make an order for security for costs which would provide the wife with a full indemnity – Order made.

Family Law Act 1975 (Cth) ss 117
Family Law Rules 2004 (Cth) r 19.05

Abrum & Abrum [2013] FamCA 897
Ansilda & Hartford [2009] FamCAFC 128
Luadaka & Luadaka (1998) FLC 92-830
PS Chellaram & Co Ltd v China Ocean Shipping Company and Anor (1991) 102 ALR 321
Singer v Berghouse (1993) 114 ALR 521

APPLICANT: Ms Anderson

RESPONDENT: Mr Walton

FILE NUMBER: SYC 479 of 2015

DATE DELIVERED: 20 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 30 May 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Schonell SC

SOLICITOR FOR THE APPLICANT: Broun Abrahams Burreket

COUNSEL FOR THE RESPONDENT: Mr Kearney SC

SOLICITOR FOR THE RESPONDENT: Clinch Neville Long Lawyers

Orders

1. Within twenty-eight (28) days of the date of these Orders,  the husband do all such acts and things as may be necessary to pay the amount of $47 000 to the Collector of Public Monies in the Registry of the Family Court of Australia at Sydney, by way of security for costs.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Andersen & Walton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 479 of 2015

Ms Anderson

Applicant

And

Mr Walton

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns an application by Ms Anderson (“the wife”) for security for costs.  The security for costs is sought in respect to an Initiating Application filed by Mr Walton (“the husband”) on 30 January 2015, initially in the Federal Circuit Court of Australia. In his Initiating Application, the husband seeks orders to set aside a document titled “Binding Financial and Binding Child Support Agreement” (hereafter “the Agreement”) entered into by the parties.  

Background

1. The husband was born in 1970 and is currently aged 46. The wife was born in 1970 and is currently aged 46.

2. The…