DOVEN & DOVEN

FAMILY COURT OF AUSTRALIA

DOVEN & DOVEN [2013] FamCA 277

FAMILY LAW – PROPERTY – Enforcement of Orders – Application filed by husband for enforcement of orders – Application adjourned to a fixed date for hearing

FAMILY LAW – PROPERTY – Stay of Proceedings – Application by wife seeking a stay of orders pending determination of an appeal – Application dismissed

Family Law Act 1975 (Cth)

Aldridge v Keaton(stay appeal) [2009] FamCAFC 106
Gallieni & Gallieni [2012] FamCA 54

APPLICANT: Mr Doven

RESPONDENT: Ms Doven

FILE NUMBER: HBC 553 of 2009

DATE DELIVERED: 25 March 2013

PLACE DELIVERED: Hobart

PLACE HEARD: Hobart

JUDGMENT OF: Benjamin J

HEARING DATE: 25 March 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Fitzgerald

SOLICITOR FOR THE APPLICANT: Fitzgerald & Browne

COUNSEL FOR THE RESPONDENT: Mr Bugg

SOLICITOR FOR THE RESPONDENT: M+K Dobson Mitchell Allport

Orders

1. The enforcement application filed by the husband be adjourned for hearing before me at 2.15pm on 11 April 2013.

2. The costs of both parties be reserved.

3. The wife’s application for stay is dismissed.

   IT IS DIRECTED

4. A copy of the reasons for these orders be taken out and placed on the court file.

   IT IS CERTIFIED

5. Pursuant to Rule 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend

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

FAMILY COURT OF AUSTRALIA AT HOBART

FILE NUMBER: HBC 553 of 2009

Mr Doven

Applicant

And

Ms Doven

Respondent

REASONS FOR JUDGMENT

1. On 26 July 2012, I published reasons and made orders in relation to parenting and property matters in terms of the various disputes between Mr and Ms Doven.  The property orders provided that the wife retains a number of properties, the husband retain a property, that the wife indemnify the husband against a mortgage of some $632,626, that the husband pay the wife about $28,000 and that the wife retain a bank account containing an adjusted amount of $73,700. 

2. On 22 August 2012, the wife filed an appeal in relation to the property orders seeking orders that the property be divided as to 80 per cent to the appellant and 20 per cent to the respondent and some adjustments in relation to credit card add-backs and moneys from a joint account, the latter two amounting to some $1800 and $5383.  No stay application was made until very recently, and the stay application which the wife argues today was in response to an application by the husband seeking enforcement of the orders.

3. In an affidavit provided by Mr Bugg, it was clear that the wife was aware at the time of lodging the appeal of her entitlement to make an application for a stay.  There have been some delays in relation to the appeal, and it appears that the appeal books have now been lodged, but the submissions…