Buongiorne and Buongiorne

FAMILY COURT OF AUSTRALIA

BUONGIORNE & BUONGIORNE [2013] FamCA 521

FAMILY LAW – PROPERTY – Interpretation of Financial Agreement

APPLICANT: Ms Buongiorne

RESPONDENT: Mr Buongiorne

INTERVENOR:

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 854 of 2012

DATE DELIVERED: 13 June 2013

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Dessau J

HEARING DATE: 5 & 6 June 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Sweeney

SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes

COUNSEL FOR THE RESPONDENT: MR MELDRUM QC with MR CARLILE

SOLICITOR FOR THE RESPONDENT: Doherty & Colleagues Solicitors

Orders

1. That paragraphs 29 and 30 of the s 90C Agreement signed by the parties on 11 August 2011 be enforced as if it were an order of the Court.

2. That within 30 days of the date of these orders the husband pay to the wife the sum of $7,322.32 together with interest in accordance with the Family Law Rules 2004 (Cth).

3. That within seven days of the date of these orders the wife’s solicitors provide to the husband’s solicitors a detailed calculation of the interest payable pursuant to paragraph 2 of these orders.

4. That liberty is granted to each party to apply to the Court upon short written notice to the other party.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Buongiorne & Buongiorne has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 854 of 2012

Ms Buongiorne

Applicant

And

Mr Buongiorne

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. The husband and wife separated in April 2011, after a seven year marriage.  On 10 August 2011 they entered a Binding Financial Agreement.  The Application before me calls for the interpretation of paragraphs 29 and 30 of the Agreement, in relation to the extent of the husband’s liability for the wife’s medical expenses. 

2. On the wife’s interpretation, there is presently $7,322.32 owing to her.  On the husband’s interpretation, there is nothing owing, and he seeks that her Application for enforcement be dismissed.   

MATERIAL RELIED UPON

1. The wife relies upon:

   ·    Her Initiating Application filed 11 April 2013, annexing a copy of the Agreement;

   ·    Her affidavit sworn and filed 11 April 2013;

   ·    The affidavit of her general practitioner, Dr M, sworn 8 April 2013 and filed 11 April 2013; and

   ·    Her affidavit sworn and filed 31 May 2013.

2. The husband relies upon:

   ·    His Response filed 17 May 2013;

   ·    His affidavit sworn and filed 15 April 2013;

   ·    His affidavit sworn and filed 17 May 2013; and

   ·    His affidavit sworn 5 June 2013.

3. The husband also relies on a written outline of submissions. 

ORDERS SOUGHT

1. The wife seeks enforcement of paragraphs 29 and 30 of the Agreement pursuant to s 90KA(c) of the Family Law Act 1975.  She seeks that the husband pay her $7,322.32 plus interest for amounts owed to her under paragraph 29 of the Agreement, and that he provide her…