Cummins & Magro

[2021] FamCA 90

FAMILY COURT OF AUSTRALIA

Cummins & Magro [2021] FamCA 90

File number(s):

SYC 2160 of 2018

Judgment of:

ALTOBELLI J

Date of judgment:

25 February 2021

Catchwords:

FAMILY LAW – PROPERTY – Interim property orders – Interim costs – Injunctions – Appointment of a single joint expert – Where wife appears to be unemployed – Where husband and Second Respondent jointly operate business – Where wife unable to pay legal fees – Where husband’s financial circumstances more flexible than that of the wife – Orders made for husband to pay to the wife $40,000 for the purposes of settling her legal fees.  

Legislation:

Family Law Act 1975 (Cth) ss 79, 80, 117, 117(2A);

Family Law Rules 2004 (Cth) Part 15.5, r 15.46.

Cases cited:

Vail & Vail [2020] FamCA 1070.

Number of paragraphs:

32

Date of last submission/s:

22 February 2021

Date of hearing:

22 February 2021

Place:

Sydney via web conference

Counsel for the Applicant:

Mr Simpson

Counsel for the First Respondent:

Mr Johnston

Solicitor for the First Respondent:

Goldrick Farrell Mullan Solicitors

Advocate for the Second Applicant:

Mr Frakes

Solicitor for the Second Respondent:

Watts McCray

ORDERS

SYC 2160 of 2018

BETWEEN:

MS MAGRO

Applicant

AND:

MR CUMMINS
First Respondent

MS DUKE
Second Respondent

ORDER MADE BY:	ALTOBELLI J
DATE OF ORDER:	25 FEBRUARY 2021

THE COURT ORDERS THAT:

1.Within 14 days, the wife is to comply with Part 15.5 of the Family Law Rules 2004 (Cth), including r 15.46, in relation to the appointment of a single joint expert to value the real estate and business interests of the husband and the wife.

2.Leave be granted to the parties to file a minute of order in Chambers within 28 days of the date of these orders in relation to the appointment of single joint experts, but on the basis that the husband bears the cost in the first instance with the issue of cost ultimately to be determined by the trial judge.

3.Within 21 days of the date of these orders, the husband is to pay to the wife the sum of $40,000 into a bank account nominated by the wife for the purpose of settling her legal costs incurred to date.

4.All outstanding interim applications presently before the Court be dismissed.

IT IS NOTED THAT

A.Ms Duke will cooperate with any reasonable requests for the provision of information to the experts for the purposes of the preparation of the reports.

Note:   The form of the order is subject to the entry in the Court’s records.

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 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Cummins & Magro has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975