Eccheli and Eccheli

[2017] FamCA 218

FAMILY COURT OF AUSTRALIA

ECCHELI & ECCHELI [2017] FamCA 218

FAMILY LAW – PROPERTY – INTERIM PROPERTY SETTLEMENT – Where the parties have eight million dollars in a controlled money account – Where the wife seeks an interim property settlement of seven million dollars so she can buy a property – Where the wife’s monthly expenses are greater than her monthly income – Where it was not contended that the wife was likely to receive a sum less than seven million dollars in final property settlement – Where the wife consented to an order that she be restrained from seeking spousal maintenance without leave of the Court – Application allowed. 

Family Law Act 1975 (Cth)

Marello & Marello (No 2) [2011] FamCA 799

APPLICANT: Ms Eccheli

RESPONDENT: Mr Eccheli

FILE NUMBER: SYC 8378 of 2016

DATE DELIVERED: 11 April 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

HEARING DATE: 5 April 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Lethbridge SC

SOLICITOR FOR THE APPLICANT: Armstrong Legal

COUNSEL FOR THE RESPONDENT: Mr Richardson SC

SOLICITOR FOR THE RESPONDENT: Barkus Doolan

Orders

IT IS ORDERED

1. That the parties do all things necessary to pay out to the wife from the controlled monies account held in the names of the husband and the wife, being account number …76 with St George Bank, the sum of seven million dollars.

2. That the wife be restrained from making any application for interim or urgent spousal maintenance without first obtaining the leave of the Court.

IT IS NOTED

1. That the wife makes the following concessions:

   (a)   That any amount received by the wife by way of interim property settlement will be included in the balance sheet for the final hearing in the full amount; and

   (b)  That if the wife receives seven million dollars she will be in a position to support herself from her own resources.

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 Eccheli & Eccheli 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 SYDNEY

FILE NUMBER: SYC 8378 of 2016

Ms Eccheli

Applicant

And

Mr Eccheli

Respondent

REASONS FOR JUDGMENT

1. Ms Eccheli (“the wife”) and Mr Eccheli (“the husband”) are engaged in property settlement proceedings.

2. They commenced living together in 1990 and separated in 2015. They have three adult children.

3. In December 2016, their former matrimonial home, of which the wife was the registered proprietor, was sold and the net proceeds of the sale, approximately eight million dollars, were placed in a controlled monies…