FAMILY COURT OF AUSTRALIA
| EASTMAN & EASTMAN AND ANOR | [2015] FamCA 808 |
| FAMILY LAW – Interim proceedings – Spouse maintenance – Where the wife seeks lump sum spouse maintenance and periodic weekly payments from the husband – Where the husband primarily resides in Country F – Where the parties were married for over 50 years – Where the wife has established a need and the expenses she claims are not challenged – Where the husband has capacity to pay – Orders made as sought by the wife. FAMILY LAW – Injunction – Where the wife seeks to restrain the sale of a property owned by a company (controlled by the husband and parties’ sons) in which she holds shares – Where the wife asserts that should the sale proceed she will receive nothing from the sale – Where the court is satisfied that the husband has a current intention to sell the property – Where the wife has satisfied the test in Mullen & De Bry (2006) FLC 93-293 –Where the wife has given an undertaking as to damages – Where it is found that the imposition of an interim injunction is necessary to preserve the property – Order made as sought by the wife |
| Family Law Act 1975 (Cth) |
| Bevan and Bevan (1995) FLC 92-600 Williamson and Williamson (1978) FLC 90-505 |
| APPLICANT: | Ms Eastman |
| RESPONDENT: | Mr Eastman |
| 2nd RESPONDENT: | B Pty Ltd |
| FILE NUMBER: | SYC | 3628 | of | 2015 |
| DATE DELIVERED: | 30 September 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 21 September 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Bridges |
| SOLICITOR FOR THE APPLICANT: | Barraket Stanton Lawyers |
| SOLICITOR FOR THE RESPONDENT: | No appearance |
| SOLICITOR FOR THE INTERVENOR: | No appearance |
Orders
The respondent husband and B Pty Ltd and each of them be restrained from selling, charging, mortgaging or otherwise dealing with or disposing of, or causing or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, the property situate at and known as C Street, Suburb D, being the whole of the land in Folio Identifiers …, …, … and ....
I note the wife’s undertaking as to damages.
Both the husband and B Pty Ltd can apply to discharge order 1 by giving 14 days notice to the court and the wife.
The husband pay to the wife lump sum spousal maintenance in the sum of $16,258.
The husband pay to the wife periodic spousal maintenance in the sum of $800 per week, the first payment to be within seven (7) days.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Eastman & Eastman and Anor 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 SYDNEY |
FILE NUMBER: SYC 3682 of…
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- Case
- [2015] FamCA 808
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant interim spousal maintenance, considering the wife's established need and the husband's capacity to pay. Additionally, the court had to assess whether to grant an interim injunction to prevent the sale of the property, given the wife's assertion that she would receive nothing from the sale and her satisfaction of the relevant legal test for such an injunction, including providing an undertaking as to damages.
Watts J found that the wife had established her need for spousal maintenance and that the husband had the capacity to pay. The court was also satisfied that the husband intended to sell the property and that the wife had met the criteria for an interim injunction, having provided an undertaking as to damages. The imposition of the injunction was deemed necessary to preserve the property.
Consequently, the court ordered that the husband and B Pty Ltd be restrained from selling, charging, mortgaging, or otherwise dealing with the specified property. The husband was also ordered to pay the wife a lump sum of $16,258 for spousal maintenance and periodic payments of $800 per week, with the first payment due within seven days. The court noted the wife's undertaking as to damages and provided for the possibility of discharging the injunction upon 14 days' notice.
Orders
Orders of the court
1.
The respondent husband and B Pty Ltd and each of them be restrained from selling, charging, mortgaging or otherwise dealing with or disposing of, or causing or permitting to be sold, charged, mortgaged or otherwise dealt with or disposed of, the property situate at and known as C Street, Suburb D, being the whole of the land in Folio Identifiers …, …, … and ....
2.
I note the wife’s undertaking as to damages.
3.
Both the husband and B Pty Ltd can apply to discharge order 1 by giving 14 days notice to the court and the wife.
4.
The husband pay to the wife lump sum spousal maintenance in the sum of $16,258.
5.
The husband pay to the wife periodic spousal maintenance in the sum of $800 per week, the first payment to be within seven (7) days.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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