DOBEY & SHEY

[2018] FCCA 3808

FEDERAL CIRCUIT COURT OF AUSTRALIA

DOBEY & SHEY [2018] FCCA 3808

Catchwords:
FAMILY LAW – Interim spouse maintenance – interim costs order – orders made in accordance with wife’s application.

Legislation:

Family Law Act 1975 (Cth), ss.72, 75(2), 79, 117

Cases cited:

Bevan & Bevan [1993] FamCA 95

Strahan & Strahan [2009] FamCAFC 166

W & W (Full Court of the Family Court of Australia, Ellis SJ, Bell & Nobbs JJ,

8 February 1980)

Applicant: MR DOBEY

Respondent: MS SHEY

File Number: SYC 2915 of 2018

Judgment of: Judge Henderson

Hearing date: 16 November 2018

Date of Last Submission: 16 November 2018

Delivered at: Sydney

Delivered on: 19 November 2018

REPRESENTATION

Counsel for the Applicant: Ms Bridger

Solicitors for the Applicant: Jo-Anna F S Moy Solicitor

Counsel for the Respondent: Ms Christie SC

Solicitors for the Respondent: Doolan Callaghan Family Lawyers

ORDERS

1. The matter is listed into a call over on 22 July 2019 at 9:30am for the allocation of hearing dates in relation to property.

2. Pending further Order, the husband is to pay to the wife $1,255.00 each week by way of spousal maintenance with first such payment to be made by Friday 23 November 2018 and each Friday thereafter with such sums to be paid into a bank account nominated by the wife. These payments may be made monthly at the husband’s discretion. 

3. Thereafter the wife will be responsible for all outgoings for the Property A property including the mortgage.

4. The husband pay to the wife his 2018 bonus forthwith upon it being paid to him to be paid to the wife by way of interim property distribution.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 2915 of 2018

MR DOBEY

Applicant

And

MS SHEY

Respondent

REASONS FOR JUDGMENT

1. The matter of Dobey & Shey is an application by a wife for spousal maintenance, of sum $1,255 per week, an interim property settlement or moneys being $43,000 or thereabouts to be paid to her by way of interim property division, as I read it, pursuant to the cost power in 117 of the Act[1], and in the exercise of my power under section 79 of the Act[2]. This is in order for her to pursue the litigation between she and her husband, which is for property settlement.

   [1] Family Law Act 1975 (Cth), s 117.

   [2] Family Law Act 1975 (Cth), s 79.

2. Both applications were opposed by the husband. Ms Christie, Senior Counsel, appeared for the wife, Ms Bridger, Counsel, for the father. I note Ms Bridger is here in Court today to take judgement. The husband lives and works in the Country K at present and has done for some time and at times in the past.

3. The evidence read was quite voluminous.

4. For the wife:

   a)Her Application in a Case filed 9 July 2018;

   b)Affidavits of 29 October 2018,…