DARIAN & DARIAN

[2020] FamCA 362

FAMILY COURT OF AUSTRALIA

DARIAN & DARIAN [2020] FamCA 362

FAMILY LAW – PROPERTY – Where application for stay of Child Support Assessments pending final hearing – Where consideration of applicable principles – Where appropriate that a stay be refused.

Child Support (Registration & Collection) Act 1988 (Cth) s 111C
Child Support (Assessment) Act 1989 (Cth) s 117

Bagala &Bagala [2009] FMCAfam 953

APPLICANT: Mr Darian

RESPONDENT: Ms Darian

FILE NUMBER: PAC 3421 of 2017

DATE DELIVERED: 14 May 2020

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 14 April 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Givney

SOLICITOR FOR THE APPLICANT: Maclarens Lawyers

COUNSEL FOR THE RESPONDENT: Mr O’Reilly

SOLICITOR FOR THE RESPONDENT: McPhee Kelshaw

Orders

1. That the husband’s application for an order for stay of his Child Support Assessments for the period 1 July 2019 to 31 December 2020 be refused and the application dismissed.

2. That, otherwise, the husband’s Application in a Case filed 20 December 2019 as amended be dismissed.

3. That any application for costs be made by way of written submissions filed and served within 28 days from this date with any submissions in reply to be filed and served within a further 14 days and upon completion of submissions judgment is reserved to chambers.

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 Darian & Darian 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 3421 of 2017

Mr Darian

Applicant

And

Ms Darian

Respondent

REASONS FOR JUDGMENT

1. On 17 October 2018 the applicant wife commenced proceedings seeking orders for property adjustment as between herself and the respondent husband.

2. In summary, the wife sought orders that would provide a division of matrimonial property as to 60 per cent to the wife and 40 per cent to the husband.  Specific orders sought included:

   a)a transfer to the wife by the husband of his interest in the real estate property at B Street, Town C (“the former matrimonial home”) unencumbered;

   b)that the husband be declared solely entitled to his interest in the real estate property situate at G Street, Suburb F;

   c)that the husband be declared solely entitled to his interest in the real estate property at D Street, Suburb H;

   d)that the husband retain to the exclusion of the wife his interest in certain corporate entities;

   e)that the wife retain to the exclusion of the husband her business trading under her own name; and

   f)that there be a superannuation split in the…