Coffey and Coffey

[2014] FCCA 2176

FEDERAL CIRCUIT COURT OF AUSTRALIA

COFFEY & COFFEY [2014] FCCA 2176

Catchwords:
FAMILY LAW – Application for interim or partial property settlement – nature of interim hearing – justice and equity – interests of justice – whether appropriate to make such an order – costs.

Legislation:

Family Law Act 1975, ss.75(2); 79, 79(1), (2), & (4); 80

Stanford v Stanford [2012] HCA 52
Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605
R v Watson; Ex parte Armstrong[1976] HCA 39; (1976) 136 CLR 248
Strahan v Strahan (2010) 42 Fam LR 203
Harris & Harris (1993) FLC 92-378
Wenz v Archer (2009) 40 FamLR 212
Benson & Benson [2012] FMCAfam 335

Applicant: MR COFFEY

Respondent: MS COFFEY

File Number: ADC 4401 of 2013

Judgment of: Judge Brown

Hearing date: 15 September 2014

Date of Last Submission: 15 September 2014

Delivered at: Adelaide

Delivered on: 22 September 2014

REPRESENTATION

Counsel for the Applicant: Mr McQuade

Solicitors for the Applicant: Stokes Legal

Counsel for the Respondent: Mr Barr

Solicitors for the Respondent: Norman Waterhouse

ORDERS

1. The application filed 25 August 2014 is dismissed.

2. The applicant pay the respondent’s costs fixed in the sum of seven hundred and fifty dollars ($750.00).

3. The net proceeds of the sale of the former matrimonial home in Property F held in the trust account of Paul Short & Associates and the net proceeds of sale of the Property C property held in the trust account of Conveyancing Matters are to be placed in an interest bearing account in the joint names of the parties at a financial institution to be agreed between the parties.

4. Further consideration of the matter in relation to children’s issues and if necessary to allocate a date for trial in respect of all outstanding matters is adjourned to 17 November 2014 at 9:30am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 4401 of 2013

MR COFFEY

Applicant

And

MS COFFEY

Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings relate to an application for interim or partial distribution of matrimonial property, pending final hearing.  Very recently indeed, they have been significantly reconfigured, without any additional evidence, to become an application for the release of funds to fund legal costs relating to that final hearing. 

2. Mr Coffey “the husband” and Ms Coffey “the wife” were married on (omitted) 2005 and separated on 3 October 2012.  The husband commenced proceedings on 22 November 2013 seeking an equal division of marital property.  More recently, he has amended his application and now seeks a 65/35 percent division of property in his favour.[1]

   [1]  See amended application filed 6 August 2014

3. The wife, in her response filed on 10 September 2014 seeks that the parties’ pool of marital assets be divided 80/20 percent in her favour.  Axiomatically, the parties have very different views of the case. 

4. The parties are…