CELESTIN & CELESTIN

[2011] FamCA 74

FAMILY COURT OF AUSTRALIA

CELESTIN & CELESTIN [2011] FamCA 74

FAMILY LAW – SPOUSAL MAINTENANCE – Urgent

APPLICANT: Ms Celestin

RESPONDENT: Mr Celestin

FILE NUMBER: SYC 1822 of 2009

DATE DELIVERED: 21 February 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: The Hon. Justice Cohen

HEARING DATE: 3 May 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Gould

SOLICITOR FOR THE APPLICANT: Karras Partners Lawyers

COUNSEL FOR THE RESPONDENT: Mr Dwyer

SOLICITOR FOR THE RESPONDENT: Mullane & Lindsay

Orders

1. That within one month the husband shall pursuant to section 77 of the Family Law Act 1975 pay to the wife urgent spousal maintenance in a lump sum of $179,250, $100,000 of which is to be used by the wife to meet so far as that sum allows such accounts as she has received from her legal advisers for their costs and disbursements and has not paid or receives from them for their costs and disbursements, and $79,250 of which is to be used by the wife so far as that sum allows to meet her immediately payable debts and future living expenses.

2. In the event that the husband fails to comply for his part with order 1. the wife is hereby entitled forthwith to sell by such means and for such price as she sees fit all her right title and interest at law and in Equity in the real property known as Lots 12 and 13 situated at G and to deal with the proceeds of sale as she sees fit.

3. That for the purpose of allowing the wife to comply with order 2 the husband shall forthwith on his failure to comply with order 1 herein do all acts and things necessary to remove from the real property subject of order 2 all cattle and other livestock and otherwise ensure the wife has vacant possession of the said land.

IT IS NOTED that publication of this judgment under the pseudonym Celestin & Celestin is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1822 of 2009

MS CELESTIN

Applicant

And

MR CELESTIN

Respondent

REASONS FOR JUDGMENT

1. Before the Court is an application by the wife for payment of what is commonly known as interim costs in the sum of $165,750 and a further payment of $79,250.00 by way of what is often called an interim partial property settlement. In fact, both sums are correctly sought in the wife’s application as urgent spousal maintenance pursuant to s 77 of the Family Law Act. The wife seeks the first mentioned payment because that is the amount her legal advisors estimate she will need to meet her legal costs and disbursements to completion of the final hearing. She seeks the so called partial property settlement because she owes about $53,500 to credit providers and needs, she says, a small additional amount of cash to fund her ordinary living costs which exceed her income.

2. The evidence does not satisfy…