Elrod & Elrod

[2023] FedCFamC1F 889

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Elrod & Elrod [2023] FedCFamC1F 889

File number(s):

PAC 3191 of 2019

Judgment of:

RIETHMULLER J

Date of judgment:

20 October 2023

Catchwords:

 FAMILY LAW - PROPERTY – Interest – Interest payable on late payments – Application of s 117B of the Family Law Act 1975 (Cth) – Calculation of Interest – No matters of principle.

Legislation:

Family Law Act 1975 (Cth) ss 79A, 117B

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.17

Cases cited:

Perot v Perot [2013] FamCA 137

Stephens & Stephens & Anor (Enforcement) (2009) FLC 93-425; [2009] FamCAFC 240

Division:

Division 1 First Instance

Number of paragraphs:

25

Date of last submission/s:

1 October 2023

Date of hearing:

24 July 2023 & 11 August 2023

Place:

Parramatta

Counsel for the Applicant:

Litigant in person

Counsel for the Respondent:

Litigant in person

ORDERS

PAC 3191 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ELROD

Applicant

AND:

MR ELROD

Respondent

ORDER MADE BY:	RIETHMULLER J
DATE OF ORDER:	20 OCTOBER 2023

THE COURT ORDERS THAT:

1.The respondent pay the applicant interest in the sum of $13,491.53 within 14 days of the date of these Orders.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

REASONS FOR JUDGMENT

RIETHMULLER J:

1. On 10 October 2022, the parties entered into consent orders resolving their dispute as to the matrimonial property settlement on a final basis.

2. Order 32 of the Orders made 10 October 2022 provided as follows:

   Cash Payment

   32. The [respondent] shall pay to the [applicant], or as directed by her, the sum of $1,100,000, as follows:

   32.1.    $150,000, within 30 days from the date hereof; and

   32.2.    A further $950,000 within 5 months from the date hereof.

3. The applicant says that the payments due in accordance with the Orders were made late and seeks interest for the period of the late payments. Two issues arise: firstly, whether any interest should be ordered (and if so at what rate), and secondly, the dates of actual payments which are necessary to calculate interest if it is ordered.

   Whether Interest is Payable

4. Interest is provided for in s 117B of the Family Law Act 1975 (Cth)…