Bane and Bayley

[2013] FCCA 1581

FEDERAL CIRCUIT COURT OF AUSTRALIA

BANE & BAYLEY [2013] FCCA 1581

Catchwords:
FAMILY LAW – Spousal Maintenance – application by the Wife for interim spousal maintenance – property proceedings between the parties on foot – marriage of short duration – Wife’s capacity to engage in full-time employment in dispute – consideration of relevant sections of the Family Law Act 1975 (Cth) – consideration of relevant case law – interim spousal maintenance ordered in the sum of $250.00 per week.

Legislation:

Family Law Act 1975 (Cth), ss.72, 75(2)

Cases cited:
Drysdale & Drysdale [2011] FamCAFC 85

In the Marriage of Ashton (1982) 8 Fam LR 675
In the Marriage of Eliades (1980) 6 Fam LR 916
In the Marriage of Mitchell (1995) 120 FLR 292
In the Marriage of Wilson (1989) 13 Fam LR 205

Applicant: MS BANE

Respondent: MR BAYLEY

File Number: MLC 7491 of 2011

Judgment of: Judge Whelan

Hearing date: 26 August 2013

Date of Last Submission: 26 August 2013

Delivered at: Melbourne

Delivered on: 16 October 2013

REPRESENTATION

Counsel for the Applicant: Ms Smallwood

Solicitors for the Applicant: Barbayannis Lawyers

Counsel for the Respondent: Mr Thompson

Solicitors for the Respondent: Saxbys Lawyers

ORDERS

1. Until further order, the Respondent pay to the Applicant the sum of $250.00 per week by way of interim spousal maintenance.

IT IS NOTED that publication of this judgment under the pseudonym Bane & Bayley is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 7491 of 2011

MS BANE

Applicant

And

MR BAYLEY

Respondent

REASONS FOR JUDGMENT

1. This is an application for interim spousal maintenance brought by the Applicant Wife Ms BANE (“the Wife”). The Wife and the Respondent Husband, Mr BAYLEY, (“the Husband”) were involved in some type of relationship for about six years, although the marriage itself was of a much shorter duration and there were periods of separation prior to the marriage on (omitted) 2012. The parties finally separated in November 2012.

2. Since the Wife instituted property and maintenance proceedings, there have been two lump sum payments of $25,000.00 each made to her by the Husband.

The Wife’s Submissions

1. The Wife submits that there are two considerations for the Court:

   ·First, whether the Wife has established a need to be maintained; and

   ·Second, whether the Husband has an ability to pay.[1]

   [1] Transcript of Proceedings, 26 August 2013, p.6 at lines 12 and 17-18.

2. The Wife has rental premises for which she is paying $500.00 per week. She is employed two days per week in two different (omitted) positions and earns a total of $200.00 per week from that employment. The Wife deposes to a weekly expenditure of $850.00. She is seeking interim spousal maintenance in the sum of $1,150.00 per week.

3. There are no children of the marriage and the Wife has no dependants. The Husband has adult children. One of those children lives with him and earns $1,200.00 per week.

4. The Husband lives in a property in (omitted)…