FAMILY COURT OF AUSTRALIA
| COLVILLE & COLVILLE | [2019] FamCA 796 |
| FAMILY LAW – ENFORCEMENT OF ORDERS – Where determination of sum payable – Where order made for payment – Where costs of and incidental to application to be as agreed or as assessed. |
| Family Law Act 1975 (Cth) s 117 Family Law Rules 2004 (Cth) rr 19.18, 20.07 |
| Beach Petroleum NL v Johnson (No 2) (1995) 135 ALR 160 Collins & Collins (1985) FLC 91-603 Greedy & Greedy (1982) FLC 91-250 Hawkins & Roe [2012] FamCAFC 77 Idoport Pty Ltd v National Australia Bank Ltd [2007] NSWSC 23 Luadaka & Luadaka (1998) FLC 92-830 Parke & the Estate of the Late A Parke (2016) FLC 93-748 Penfold v Penfold (1980) 144 CLR 311 |
| APPLICANT: | Ms Colville |
| RESPONDENT: | Mr Colville |
| FILE NUMBER: | PAC | 5181 | of | 2013 |
| DATE DELIVERED: | 31 October 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 30 September 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Kennedy |
| SOLICITOR FOR THE APPLICANT: | LCI Legal |
| COUNSEL FOR THE RESPONDENT: | Mr Cook |
| SOLICITOR FOR THE RESPONDENT: | Adams Patners Lawyers |
Orders
That it is declared that the sum payable to the wife by the husband pursuant to orders made 1 March 2017 is $66,704.11.
That the sum provided for in Order 1 be paid by the husband to the wife within 14 days from this date.
Upon noting that the wife is entitled to her costs of and incidental to the present application pursuant to Orders made 1 March 2017, it is ordered that such costs be in the sum as agreed within one month from this date or as assessed on a party/party basis with such costs payable within one month of agreement or assessment.
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 Colville & Colville 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 Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 5181 of 2013
| Ms Colville |
Applicant
And
| Mr Colville |
Respondent
REASONS FOR JUDGMENT
Introduction
The application for determination is an application for enforcement arising from section 79 orders made as between the husband and wife on 1 March 2017.
Relevantly the orders, in summary, provided:
a)that within seven days of the date of orders the husband and wife do all things necessary to authorise certain solicitors to pay the sum of $394,424.13 to the wife;
b)(Order 4) that within 12 months from the date of orders the husband pay to the wife the sum of $658,000 and provided payment is made within such…
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- AGLC
- Colville and Colville [2019] FamCA 796
- Case
- [2019] FamCA 796
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was to ascertain the exact monetary amount due to the wife pursuant to the prior orders. This involved interpreting and applying the terms of those orders to the factual circumstances presented, in order to quantify the financial obligation of the husband.
Foster J declared that the sum payable to the wife by the husband was $66,704.11. The court ordered that this amount be paid within 14 days. Furthermore, the wife was awarded her costs of the application, to be agreed upon within one month or assessed on a party/party basis, with payment due within one month of agreement or assessment.
Orders
Orders of the court
1.
That it is declared that the sum payable to the wife by the husband pursuant to orders made 1 March 2017 is $66,704.11.
2.
That the sum provided for in Order 1 be paid by the husband to the wife within 14 days from this date.
3.
Upon noting that the wife is entitled to her costs of and incidental to the present application pursuant to Orders made 1 March 2017, it is ordered that such costs be in the sum as agreed within one month from this date or as assessed on a party/party basis with such costs payable within one month of agreement or assessment.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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