Beshara & Kassem - [2024] FedCFamC2F 649

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Beshara & Kassem [2024] FedCFamC2F 649

File number(s): PAC 6291 of 2023

Judgment of: JUDGE NEWBRUN

Date of judgment: 24 May 2024

Catchwords: FAMILY LAW – PROPERTY – Interim hearing – partial property settlement – spousal maintenance – sale of property – orders made, inter alia, for partial property settlement and spousal maintenance.

Legislation:
Evidence Act 1995 (Cth)

Family Law Act 1975 (Cth)

Cases cited:
Keymer & Keymer [2020] FamCAFC 70

Ruslan & Ruslan [2024] FedCFamC1F 50

MS & PS (2006) FLC 93-268

Stein & Stein [2000] FamCA 102

Division: Division 2 Family Law

Number of paragraphs: 59

Date of hearing: 17 May 2024

Place: Parramatta

Counsel for the Applicant: Mr Batey of counsel

Solicitor for the Applicant: Hikma Legal

Counsel for the Respondent: Mr Gardiner of counsel

Solicitor for the Respondent: Koutzoumis Lawyers
ORDERS

PAC 6291 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS BESHARA

Applicant

AND:
MR KASSEM

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

24 MAY 2024

PENDING FURTHER ORDER THE COURT ORDERS THAT:
1.The proposed interlocutory orders 1 to 4 inclusive of the husband’s Response to Initiating Application filed 1 February 2024 are dismissed.
2.The Husband is restrained from disposing of, further encumbering or otherwise dealing with any real estate or matrimonial asset, however he shall be permitted to sell any of his motor vehicles provided that they are not sold at an undervalue.
3.Within fourteen (14) days from the date of these Orders the Husband pay a sum of $50,000 to the Wife by way of partial property settlement.
4.The Husband cause to be paid to the Wife, by way of spousal maintenance, the sum of $764 per week with the first payment to be made on the first Monday following the making of these Orders and each Monday thereafter.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE NEWBRUN:
INTRODUCTION

This is the determination of various interim related financial proposed orders sought by each of the husband and the wife.
The wife’s proposed interim financial orders are set out in her Case Outline filed 16 May 2024 (Part E) as follows:
1.That interlocutory orders 1…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beshara & Kassem

Details

AGLC: Beshara & Kassem [2024] FedCFamC2F 649
Case: [2024] FedCFamC2F 649
Decision Date: 24 May 2024

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Ms Beshara brought an application against Mr Kassem for an interim property settlement and spousal maintenance. The dispute centred on the division of matrimonial assets and the need for ongoing financial support from Mr Kassem to Ms Beshara. The court was tasked with determining the appropriate interim orders to be made before the finalisation of the property settlement and spousal maintenance claims. The key issues for the court to decide were whether to grant the proposed interlocutory orders as suggested by Mr Kassem, whether to impose restrictions on the disposal of assets, and the amount of spousal maintenance and partial property settlement to be awarded.

Judge Newbrun dismissed the proposed interlocutory orders submitted by Mr Kassem, reasoning that they did not adequately address the immediate needs of Ms Beshara. The court restrained Mr Kassem from disposing of or further encumbering any real estate or matrimonial asset, while permitting him to sell his motor vehicles, provided they were not sold at an undervalue. The court ordered Mr Kassem to pay Ms Beshara $50,000 as a partial property settlement within fourteen days. Additionally, Mr Kassem was ordered to pay $764 per week to Ms Beshara as spousal maintenance, with the first payment due the Monday following the making of these orders and each Monday thereafter.

This decision underscores the court's focus on ensuring the financial stability of Ms Beshara during the interim period while the final property settlement and spousal maintenance arrangements are being finalised. The court's orders were designed to provide immediate relief to Ms Beshara and prevent any potential dissipation of assets by Mr Kassem.

Orders

Orders of the court

PAC 6291 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BESHARA

Applicant

AND:

MR KASSEM

Respondent

ORDER MADE BY:

JUDGE NEWBRUN

DATE OF ORDER:

24 MAY 2024

PENDING FURTHER ORDER THE COURT ORDERS THAT:

1. The proposed interlocutory orders 1 to 4 inclusive of the husband’s Response to Initiating Application filed 1 February 2024 are dismissed.

2. The Husband is restrained from disposing of, further encumbering or otherwise dealing with any real estate or matrimonial asset, however he shall be permitted to sell any of his motor vehicles provided that they are not sold at an undervalue.

3. Within fourteen (14) days from the date of these Orders the Husband pay a sum of $50,000 to the Wife by way of partial property settlement.

4. The Husband cause to be paid to the Wife, by way of spousal maintenance, the sum of $764 per week with the first payment to be made on the first Monday following the making of these Orders and each Monday thereafter.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	PAC 6291 of 2023
Judgment of:	JUDGE NEWBRUN
Date of judgment:	24 May 2024
Catchwords:	FAMILY LAW – PROPERTY – Interim hearing – partial property settlement – spousal maintenance – sale of property – orders made, inter alia, for partial property settlement and spousal maintenance.
Legislation:	Evidence Act 1995 (Cth) Family Law Act 1975 (Cth)
Cases cited:	Keymer & Keymer [2020] FamCAFC 70 Ruslan & Ruslan [2024] FedCFamC1F 50 MS & PS (2006) FLC 93-268 Stein & Stein [2000] FamCA 102
Division:	Division 2 Family Law
Number of paragraphs:	59
Date of hearing:	17 May 2024
Place:	Parramatta
Counsel for the Applicant:	Mr Batey of counsel
Solicitor for the Applicant:	Hikma Legal
Counsel for the Respondent:	Mr Gardiner of counsel
Solicitor for the Respondent:	Koutzoumis Lawyers

PAC 6291 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS BESHARA Applicant
AND:	MR KASSEM Respondent

ORDER MADE BY:	JUDGE NEWBRUN
DATE OF ORDER:	24 MAY 2024