Eastland & Eastland

FEDERAL CIRCUIT COURT OF AUSTRALIA

Eastland & Eastland [2021] FCCA 888

File number:

MLC 11017 of 2015

Judgment of:

JUDGE O'SHANNESSY

Date of judgment:

9 March 2021

Catchwords:

FAMILY LAW – Child support – where husband seeking to vary existing child support orders – where husband’s circumstances have changed – wife’s summary dismissal application – application dismissed.   

Legislation:

Child Support (Assessment) Act 1989 (Cth), s 117

Family Law Act 1975 (Cth)

Federal Circuit Court Act 1999 (Cth), s 17A

Cases cited:

Gyselman & Gyselman [1991] FamCA 93

Lindon & Commonwealth (No 2) [1996] HCA 14

Savery & Savery [1990] FamCA 30

Number of paragraphs:

18

Date of hearing:

9 March 2021

Place:

Melbourne

Counsel for the Applicant:

Mr R Weil

Solicitor for the Applicant:

Schembri & Co Lawyers

Counsel for the Respondent:

Dr R Smith

Solicitor for the Respondent:

Suke & Associates

ORDERS

MLC 11017 of 2015

BETWEEN:

MR EASTLAND

Applicant

AND:

MS EASTLAND

Respondent

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	9 MARCH 2021

THE COURT ORDERS THAT:

1.The Summary Dismissal Application is dismissed.

2.The proceedings be adjourned to 30 June 2021 at 10:00am for Final Hearing (with an estimated hearing time of 2 days) at the Federal Circuit Court of Australia at Melbourne.

3.The matter be listed for a compliance mention by telephone on 18 June 2021 at 9:30am.

4.The party responsible for the payment of any fee including a setting down or hearing fee pay or cause to be paid such of the fees as shall be payable by that party in accordance with, and within the time specified in the Family Law (Fees) Regulation2012.

5.The Applicant file and serve any Amended Application and trial affidavit upon which he relies on and an updated Financial Statement by no later than 28 days prior to the Final Hearing.

6.The Respondent file and serve any Amended Response and trial affidavit upon which she relies on and an updated Financial Statement by no later than 14 days prior to the Final Hearing.

7.Each of the parties be at liberty to file a short affidavit in reply by no later than 7 days prior to Final Hearing.

8.Each party file and serve a case outline by no later than 7 days prior to trial and provide a copy in Word format to: associate.judgeo'[e-mail]. 

AND THE COURT NOTES THAT:

A.If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

B.Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.

C.Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.

D.If s102NA applies and a party becomes unrepresented after trial directions have been…