Emmett & Emmett (No. 2)

Case [2010] FamCA 57

FAMILY COURT OF AUSTRALIA

EMMETT & EMMETT (NO. 2) [2010] FamCA 57
FAMILY LAW – PROPERTY – setting aside final property orders – no miscarriage of justice due to duress, suppression of evidence or any other circumstance – no exceptional circumstances relating to the care of a child – what order would have been made had a s 79A(1) ground been established – gambling
FAMILY LAW – CHILD SUPPORT – departure from administrative assessment – payment of school fees
FAMILY LAW – MAINTENANCE – no adult child or spousal maintenance
Family Law Act 1975 (Cth) ss 75(2), 72, 79, 79A(1), 79A(1)(a), 79A(1)(d), 79(4), 118
Child Support (Assessment) Act 1989 (Cth) ss 116(1)(b), 117(2), 117(2)(c)(ia), 117(4), 117(4)(c), 117(6), 117(7), 117(7)(a), 117(7B), 117(8), 124, 124(2)(b)
Evidence Act 1995 (Cth) ss 69(3)(a), 135
E and E  (22 November 2006) NA 68 of 2004; NA 11of 2005 (Full Court)
Jones v Dunkel & Anor (1959) 101 CLR 298
Molier & Van Wyk (1980) FLC 90-911
Public Trustee (as the executor of the estate of Gilbert v Gilbert) (1991) FLC 92-211
Holland & Holland (1982) FLC 91-243
Clifton v Stuart (1991) FLC 92-194
Suiker (1993) FLC 92-436
Kokl & Kokl (1981) FLC 91-078
SH v DH(1) (2003) 31 Fam LR 102
Crescendo Management v Westpac Banking Corp (1998) 19 NSWLR 40
In the Marriage of Pelerman (2000) FLC 93-037
Morrison (1995) FLC 92-573
Tate (2000) FLC 93-047
Holland & Holland (1982) FLC 91-243
Liu & Liu (1984) FLC 91-572
Public Trustee v Gilbert (1991) FLC 92-211
Simpson & Hamlin (1984) FLC 91-576
Christian & Donald [2008] FamCA 44
Baker v The Queen (2004) HCA 45
R v Kelly (Edward) 2000 QB 198
State Central Authority v Ustinov [2008] FamCA 987
Queensland Art Gallery Board of Trustees v Henderson Trout (a firm) [1998] QSC 250
Harris v Caladine (1991) 172 CLR 84
Gyselman & Gyselman ((1992) FLC 92-279
APPLICANT: Ms Emmett
RESPONDENT: Mr Emmett
FILE NUMBER: TVF 2766 of 2000
DATE DELIVERED: 21 January 2010
PLACE DELIVERED: Sydney
PLACE HEARD: Townsville & Sydney
JUDGMENT OF: Watts J
HEARING DATE: 16-20 March 2009; 14 - 16 April 2009; 12 August 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Litigant in person
COUNSEL FOR THE RESPONDENT: Ms Pack, Senior Counsel
SOLICITOR FOR THE RESPONDENT: Wilson Ryan & Grose

Orders

  1. The wife’s amended application for final orders filed on the 30th July 2008 be dismissed.

  2. The husband pay $1,230.00 per month (total) by way of periodic child support for R and A from 16 March 2009 until 24 November 2010 and $1,000.00 per month thereafter until A completes his secondary education (expected to be November 2012).

  3. The husband pay school fees for R and A at G Private School or at any other secondary school each attends, including any incidental charges contained on invoices received from the school from time to time from 1 January 2009 until each completes his secondary education and the husband in addition reimburse R the sum of $1,200.00.

  4. The husband’s application pursuant to s…

Continue reading Emmett & Emmett (No. 2)

Sign in free to access the full text

Details
AGLC
Emmett & Emmett (No. 2) [2010] FamCA 57
Case
[2010] FamCA 57
Decision Date

CaseChat Overview and Summary

In *Emmett & Emmett (No. 2)*, the wife sought final property orders, while the husband sought orders under section 118 of the *Family Law Act 1975* (Cth). The dispute concerned the financial arrangements for the parties' two children, R and A, including child support and school fees. The matter came before Watts J.

The court was required to determine the appropriate quantum of child support payable by the husband for R and A, and the extent of the husband's liability for their school fees. Additionally, the court had to consider the husband's application for costs under section 118 of the *Family Law Act 1975* (Cth).

Watts J ordered that the wife's application for final property orders be dismissed. The husband was ordered to pay periodic child support for R and A, commencing at $1,230.00 per month from March 2009 until November 2010, and thereafter $1,000.00 per month until A completed secondary education in November 2012. The husband was also ordered to pay the school fees for R and A at their current or any future secondary school, including incidental charges, from January 2009 until each child completed secondary education. Furthermore, the husband was to reimburse R the sum of $1,200.00. The husband's application for costs under section 118 of the *Family Law Act 1975* (Cth) was dismissed.

Orders

Orders of the court

1.

The wife’s amended application for final orders filed on the 30th July 2008 be dismissed.

2.

The husband pay $1,230.00 per month (total) by way of periodic child support for R and A from 16 March 2009 until 24 November 2010 and $1,000.00 per month thereafter until A completes his secondary education (expected to be November 2012).

3.

The husband pay school fees for R and A at G Private School or at any other secondary school each attends, including any incidental charges contained on invoices received from the school from time to time from 1 January 2009 until each completes his secondary education and the husband in addition reimburse R the sum of $1,200.00.

4.

The husband’s application pursuant to s 118 Family Law Act 1975 (Cth) be dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.