Federal Circuit and Family Court of Australia
(DIVISION 2)
Brannon & Brannon [2022] FedCFamC2F 1116
File number(s): WOC 255 of 2020 Judgment of: JUDGE BOYLE Date of judgment: 23 August 2022 Catchwords: FAMILY LAW – Financial agreement – Wife not given requisite advice – agreement found not to be binding pursuant to s. 90G.
FAMILY LAW – Interim property – litigation funding – partial property order made.
FAMILY LAW – Spouse maintenance – periodic spouse maintenance ordered.
Legislation: Family Law Act1975 (Cth) ss. 75, 79, 90G, 90K Cases cited: Daily & Daily [2020] FamCA 486
Hoult & Hoult [2013] FamCAFC 109
Iphostrou & Iphostrou and Ors [2011] FamCA 20
Kaimal & Kaimal [2020] FamCA 971
Klearchos & Klearchos [2015] FamCAFC 217
Logan & Logan [2013] FamCAFC 151
Mann v Carnell (1999) 201 CLR
Shelbourne & Shelbourne [2019] FamCAFC 196
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466
Zschokke & Zschokke (1996) FLC 92-693
Division: Division 2 Family Law Number of paragraphs: 84 Date of hearing: 26, 27 August; 6 October 2021 Place: Sydney Counsel for the Applicant: Mr Schonell SC Solicitor for the Applicant: Rossi Simicic Lawyers Counsel for the Respondent: Mr Gould Solicitor for the Respondent: Rita Thakur & Associates ORDERS
WOC 255 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS BRANNON
Applicant
AND: MR BRANNON
Respondent
order made by:
JUDGE BOYLE
DATE OF ORDER:
23 August 2022
THE COURT ORDERS THAT:
1.The Binding Financial Agreement dated 30 June 2005 is declared not binding pursuant to section 90G(1)(b) of the Family Law Act 1975.
2.The husband shall pay to the wife by way of litigation funding the sum of $222,627 within 28 days.
3.The husband shall pay to the wife by way of periodic spousal maintenance the sum of $950 each Friday to a bank account nominated by the wife in writing.
4.Within 14 days, the parties shall forward to chambers a minute of orders in relation to the future conduct of the matter including attendance at private mediation or conciliation conference.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 Brannon & Brannon has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
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