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
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…
Continue reading Boyd & Logan
Sign in free to access the full text
- AGLC
- Boyd & Logan [2024] FedCFamC2F 1716
- Case
- [2024] FedCFamC2F 1716
- Decision Date
CaseChat Overview and Summary
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
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.