Boyd & Logan

Case [2024] FedCFamC2F 1716


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Boyd & Logan [2024] FedCFamC2F 1716

File number: MLC 4983 of 2024
Judgment of: JUDGE SYMONS
Date of judgment: 2 December 2024
Catchwords: FAMILY LAW – PROPERTY – interim – sole use and occupation of former matrimonial home – whether parties prevented from making application by operation of s 114AB(2) of the Family Law Act 1975 (Cth) – de facto spousal maintenance – where capacity to pay maintenance not in issue – whether expenses claimed by de facto wife are reasonable – application by de facto wife for litigation funding reflecting significant disparity in the financial circumstances of the parties – application of costs power for litigation funding orders – whether payment should be characterised prior to trial
Legislation:

Family Law Act 1975 (Cth), ss 68B, 68Q, 90SE, 90SF, 114, 114AB, 117

Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth)

Family Violence Protection Act 2008 (Vic), ss 1, 2, 80, 81

Cases cited:

Brown & Brown (2007) FLC 93-316; [2007] FamCA 151

Cartwright & Manzetto [2013] FamCA 1015

Elliott v Hopkins (No 2) (2023) 68 Fam LR 127; [2023] FedCFamC1A 142

Fitzgerald (as Child Representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 FamLR 123; [2005] FamCA 158

[2020] FCCA 2468 (unreported)

Genesalio & Genesalio (2020) 61 Fam LR 1; [2020] FamCAFC 113

Kannis & Kannis [2002] FamCA 1151

Lao & Zeng [2021] FedCFamC1A 17

M and M [2002] FMCAfam 212

Marchant & Marchant (2012) 49 Fam LR 1; [2012] FamCAFC 181

Mitchell and Mitchell (1995) FLC 92-601; [1995] FamCA

32

Parson & Parson [2023] FedCFamC1F 382

Rice & Rice [2020] FamCAFC 174

Salvage & Fosse (2020) 61 Fam LR 45; [2020] FamCAFC 144

Spears & Caro [2020] FamCA 985

Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52

Division: Division 2 Family Law
Number of paragraphs: 158
Date of last submissions: 1 August 2024
Date of hearing: 24 July & 1 August 2024
Place: Melbourne
Counsel for the Applicant: Ms H Renwick
Solicitor for the Applicant: Taussig Cherrie Fieldes
Counsel for the Respondent: Ms R Stoikovska SC
Solicitor for the Respondent: Lander & Rogers

ORDERS

MLC 4983 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BOYD

Applicant

AND:

MR LOGAN

Respondent

ORDER MADE BY:

JUDGE SYMONS

DATE OF ORDER:

2 DECEMBER 2024

THE COURT DECLARES THAT:

1.The payment of $30,000 to the applicant de facto wife made pursuant to order 13 of the orders made on 24 July 2024 be characterised as a litigation funding order.

THE COURT ORDERS THAT:

2.Pursuant to the provisions of section 90SE of the Family Law Act 1975 (Cth) (Act), the de facto husband:

(a)pay to the de facto wife the sum of $1,468 per week by way of periodic maintenance, with the first payment to be made by 5.00pm on the day following these orders and, weekly thereafter by way of direct deposit into the de facto…

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AGLC
Boyd & Logan [2024] FedCFamC2F 1716
Case
[2024] FedCFamC2F 1716
Decision Date

CaseChat Overview and Summary

In the matter of Ms. Boyd and Mr. Logan, the Federal Circuit and Family Court of Australia addressed several significant issues regarding property, spousal maintenance, and litigation funding. Ms. Boyd, the applicant, sought interim relief including the continued sole use and occupation of the former matrimonial home, periodic maintenance payments, and expenses related to the property. The court also had to determine whether Ms. Boyd's application was precluded by section 114AB(2) of the Family Law Act 1975 (Cth), assess the reasonableness of expenses claimed by Ms. Boyd, and consider her application for litigation funding. Additionally, the court had to apply the costs power in relation to orders for litigation funding.

The court began by addressing the characterisation of a $30,000 payment made to Ms. Boyd as a litigation funding order. It found that the payment was appropriately characterised as such. The court then turned to the issue of spousal maintenance, determining that Mr. Logan should pay Ms. Boyd $1,468 per week in periodic maintenance. The court found that the expenses claimed by Ms. Boyd for the property were reasonable and ordered Mr. Logan to cover these costs. Furthermore, the court granted Ms. Boyd's application for litigation funding, reflecting the significant financial disparity between the parties. Finally, the court exercised its costs power to order Mr. Logan to pay $70,000 in interim costs within seven days.

In summary, the court made several significant orders, including the characterisation of a payment as a litigation funding order, the imposition of periodic maintenance payments, the approval of expenses for the former matrimonial home, and the granting of litigation funding. The court also ordered Mr. Logan to pay interim costs and directed the parties to engage an expert to value certain entities. These orders reflect the court's consideration of the financial circumstances of the parties and the need for equitable distribution of property and support.

Orders

Orders of the court

MLC 4983 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BOYD

Applicant

AND:

MR LOGAN

Respondent

ORDER MADE BY:

JUDGE SYMONS

DATE OF ORDER:

2 DECEMBER 2024

THE COURT DECLARES THAT:

1. The payment of $30,000 to the applicant de facto wife made pursuant to order 13 of the orders made on 24 July 2024 be characterised as a litigation funding order.

THE COURT ORDERS THAT:

2. Pursuant to the provisions of section 90SE of the Family Law Act 1975 (Cth) (Act), the de facto husband:

(a) pay to the de facto wife the sum of $1,468 per week by way of periodic maintenance, with the first payment to be made by 5.00pm on the day following these orders and, weekly thereafter by way of direct deposit into the de facto wife’s nominated account; and

(b) cause to be paid the following expenses as and when they fall due in respect of the real property situate at and known as B Street, Suburb C (Suburb C) and indemnify the de facto wife in relation thereto:

(i) the principal and interest repayments for the ANZ loan secured by mortgage over title to Suburb C;

(ii) rates, taxes, utilities and insurance;

(iii) streaming service subscriptions;

(iv) Wifi;

(v) gardener and landscaper on a weekly basis; and

(vi) house and pool cleaner on a weekly basis.

3. Pursuant to the provisions of section 117(2) of the Act the de facto husband do all acts and things and sign all such documents as required to pay to the de facto wife the sum of $70,000 by way of interim costs order within seven (7) days.

4. Leave is granted to the applicant to issue more than five (5) subpoenas.

5. All extant interim applications, save as to costs are dismissed.

THE COURT ORDERS BY CONSENT THAT:

6. Within seven (7) days the parties do all acts and things and sign all documents necessary to write to:

(a) Mr D, E Accounting Firm;

(b) Mr F, G Accounting Firm; and

(c) Mr H, J Valuations

to obtain an estimate of their fees, and timeframe for completion of their report, to value the respondent’s entities and the Logan Group as defined at order 9 of the orders made on 24 June 2024, and upon receipt of the estimates, engage the expert with the lowest estimate of fees of the three proposed above.

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

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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