Burt and Merrill

[2018] FamCA 162

FAMILY COURT OF AUSTRALIA

BURT & MERRILL [2018] FamCA 162

FAMILY LAW – PROPERTY – SPOUSAL MAINTENANCE – Interim – whether the wife has the capacity to continue the maintenance of the husband – Where consideration is given to the wife’s limited income – Where the wife does not have available income to make spousal maintenance payments – Consideration of whether wife could maintain husband from capital.

FAMILY LAW – PROPERTY – INTERIM DISTRIBUTION – Where the husband seeks monies be released to him for litigation funding –Where the litigation funding is to pursue further Applications – Consideration of Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466 – Where the interests of the parties and the interests of justice would not be served by further interlocutory proceedings in relation to an interim distribution.

Family Law Act 1975 (Cth) ss 75(2), 79, 80(1)(h), 90SM, 117, 117(2A)

Harris and Harris (1993) FLC 92-378
Klearchos & Klearchos & Ors [2015] FamCAFC 217
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466

APPLICANT: Mr Burt

RESPONDENT: Ms Merrill

FILE NUMBER: MLC 9912 of 2013

DATE DELIVERED: 16 March 2018

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 1 March 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Walmsley QC

SOLICITOR FOR THE APPLICANT: Efron & Associates

COUNSEL FOR THE RESPONDENT: Litigant in Person

SOLICITOR FOR THE RESPONDENT:

Orders

1. That the Applications in a Case filed 21 September 2017 and 12 February 2018 be dismissed.

2. That the wife do all things necessary to cause the total sum of FIFTY THREE THOUSAND FIVE HUNDRED AND SIXTY THREE DOLLARS AND SIXTY FOUR CENTS ($53,563.64) to be forthwith withdrawn from funds held by her former solicitors in an investment trust account and disbursed as follows:-

   (a)To ASIC on behalf of KK Pty Ltd in the sum of NINE HUNDRED AND SIXTY FIVE DOLLARS ($965);

   (b)To ASIC on behalf of S Pty Ltd in the sum of SIX HUNDRED AND FORTY TWO DOLLARS ($642);

   (c)To State Government of Victoria for Land Tax in the sum of FIVE HUNDRED AND FORTY FIVE DOLLARS ($545);

   (d)To LL Water in relation to L Street, Suburb E in the sum of SEVEN HUNDRED AND ELEVEN DOLLARS AND EIGHTY FIVE CENTS ($711.85)

   (e)To the Child Support Agency for FF in the sum of TEN THOUSAND SEVEN HUNDRED AND THIRTY THREE DOLLARS ($10,733); and

   (f)To MM School for FF the sum of THIRTY NINE THOUSAND NINE HUNDRED AND SIXTY SIX DOLLARS AND SEVENTY NINE CENTS ($39,966.79).

3. The balance of the Application in a Case filed 13 December 2017 is listed for hearing on 6 April 2018 at 9.30am (ACST) (2 hours allowed).

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 Burt & Merrill 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…