Coffey and Coffey

Case [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…

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AGLC
Coffey and Coffey [2014] FCCA 2176
Case
[2014] FCCA 2176
Decision Date

CaseChat Overview and Summary

In the matter of *Coffey and Coffey*, heard by Judge Brown, the applicant sought orders concerning property settlement and children's issues arising from the breakdown of the parties' marriage. The specific dispute involved the division of assets, including the former matrimonial home and another property, and the arrangements for their children.

The court was required to determine the appropriate orders for the division of the parties' property and to make directions regarding the outstanding children's issues. The application before the court on 25 August 2014 was specifically for the dismissal of certain aspects of the proceedings, and the court needed to consider the overall progress and outstanding matters.

Judge Brown dismissed the application filed on 25 August 2014, ordering the applicant to pay the respondent's costs fixed at $750.00. The court further ordered that the net proceeds from the sale of the former matrimonial home and another property be held in an interest-bearing account in the joint names of the parties. The matter was adjourned to 17 November 2014 for further consideration of children's issues and, if necessary, to allocate a trial date for all outstanding matters.

Orders

Orders of the court

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.

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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