FAMILY COURT OF AUSTRALIA
| BRIVIO & BRIVIO | [2019] FamCA 151 |
| FAMILY LAW – COSTS – Where application by husband for interim costs order – Where discussion of applicable principles – Where order for interim costs in sum of $50,000.00 made. FAMILY LAW – SPOUSAL MAINTENANCE – Where application by husband for interim spousal support – Where consideration of applicable principles – Where Court not satisfied that husband unable to support himself adequately – Where application dismissed. FAMILY LAW – ADULT CHILD MAINTENANCE – Where application by husband for adult child maintenance – Where at final hearing child now living with wife – Where application dismissed. FAMILY LAW – INJUNCTIVE RELIEF – Where interim application by husband for injunctions restraining wife from dissipation of her assets – Where only basis for application was husband’s “concern” – Where consideration of applicable principles – Where application dismissed. FAMILY LAW – CHILD SUPPORT DEPARTURE – Where application by husband for child support departure – Consideration of the purposes of the statutory child support – Where consideration of section 116(1)(b) of the Child Support (Assessment) Act 1989 (Cth) – Where application dismissed. |
| Family Law Act 1975 (Cth) ss 66L, 72, 74, 75(2), 114, 117, 118 Child Support (Assessment) Act 1989 (Cth) ss 4, 116 |
| Bagala & Bagala [2009] FMCAfam 953 Beklar & Beklar [2012] FamCA 894 Bevan & Bevan (1995) FLC 92-600 Collins and Collins [1985] FamCA 15; (1985) FLC 91-603 Gyselman (1992) FLC ¶92-279 Harris & Ellis [2011] FamCAFC 90 Penfold v Penfold (1980) FLC 98-800 Redman and Redman [1987] FamCA 2; (1987) FLC 91-805 Sheahan (1993) FLC ¶92-375 Waugh & Waugh [2000] FamCA 1183 |
| APPLICANT: | Mr Brivio |
| RESPONDENT: | Mr Brivio |
| FILE NUMBER: | PAC | 2925 | of | 2018 |
| DATE DELIVERED: | 18 March 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 17 September 2018 and 19 February 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Batey |
| SOLICITOR FOR THE APPLICANT: | Scarf Family Law |
| COUNSEL FOR THE RESPONDENT: | Mr Gould |
| SOLICITOR FOR THE RESPONDENT: | E & A Lawyers |
Orders
That within 14 days from this date the wife pay to the husband, or as he may otherwise direct in writing, the sum of $50,000.00 by way of interim costs with the ultimate characterisation of such sum reserved to final hearing.
That, otherwise, the husband’s applications for interim spousal maintenance, adult child maintenance, injunctive relief and child support departure be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Brivio & Brivio has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
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- BRIVIO & BRIVIO [2019] FamCA 151
- Case
- [2019] FamCA 151
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CaseChat Overview and Summary
The court was required to determine whether to grant the husband interim spousal maintenance, adult child maintenance, and injunctive relief restraining the wife from dissipating her assets. It also had to consider the husband's application for a child support departure. Furthermore, the court was asked to determine the appropriate interim costs order.
Foster J dismissed the husband's applications for interim spousal maintenance, adult child maintenance, injunctive relief, and child support departure. In relation to spousal maintenance, the court was not satisfied that the husband was unable to support himself adequately. The application for injunctive relief was dismissed as the husband's sole basis was a general "concern" without sufficient evidence. The applications for adult child maintenance and child support departure were also dismissed, with the latter considering the purposes of the *Child Support (Assessment) Act 1989* (Cth) and section 116(1)(b).
However, the court made an order for interim costs in favour of the husband, directing the wife to pay the sum of $50,000.00 within 14 days. The ultimate characterisation of this costs sum was reserved to the final hearing.
Orders
Orders of the court
1.
That within 14 days from this date the wife pay to the husband, or as he may otherwise direct in writing, the sum of $50,000.00 by way of interim costs with the ultimate characterisation of such sum reserved to final hearing.
2.
That, otherwise, the husband’s applications for interim spousal maintenance, adult child maintenance, injunctive relief and child support departure be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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