FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Evans & Watts (No 2) [2023] FedCFamC1F 1033
File number(s): PAC 275 of 2021 Judgment of: HARPER J Date of judgment: 5 December 2023 Catchwords: FAMILY LAW – INTERIM PROPERTY – Interim property settlement – Parties contend property pool is between $15 and $70 million – Wife seeks payment of $750,000 – Where husband resisted interim payment – Court satisfied payment sought is conservative and in the interests of justice – Orders made for wife to receive $750,000 – Payment categorised as an interim property settlement. Legislation: Family Law Act 1975 (Cth) Pt VIII, ss 79, 80(1)(h), 117 Cases cited: Bing and Bing (2007) FLC 93-318; [2007] FamCA 418
Kyriakos & Kyriakos (2013) FLC 93-528; [2013] FamCAFC 22
Osferatu & Osferatu [2012] FamCA 408
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466; [2009] FamCAFC 166
Division: Division 1 First Instance Number of paragraphs: 24 Date of hearing: 24 November 2023 Place: Sydney Counsel for the Applicant: Mr Trout Solicitor for the Applicant: Tiyce & Lawyers Counsel for the Respondent: Mr Batey Solicitor for the Respondent: Marsdens Law Group ORDERS
PAC 275 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS EVANS
Applicant
AND: MR WATTS
Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
5 DECEMBER 2023
THE COURT ORDERS THAT:
1.Within 42 days of the date of these orders, the Respondent Husband pay to the Applicant Wife the sum of $750,000, as a partial property settlement.
2.There be no order as to the costs of the Applicant’s Application in a Proceeding filed on 24 November 2023.
THE COURT NOTES THAT:
A.The parties are advised that any non-compliance with orders or directions of the Court after the date of these orders may result in the dismissal of a defaulting party’s application.
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 the pseudonym Evans & Watts has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HARPER J:
These are property proceedings between the applicant wife (“the wife”) and the respondent husband (“the husband”) pursuant to Pt VIII of the Family Law Act 1975 (Cth) (“the Act”).
Proceedings were listed for final hearing to commence on 23 November 2023, with an estimate of three days. This listing was made on…
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- Evans & Watts (No 2) [2023] FedCFamC1F 1033
- Case
- [2023] FedCFamC1F 1033
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CaseChat Overview and Summary
The central legal issue was whether the $750,000 payment sought by Ms Evans was reasonable and in the interests of justice, given the substantial property pool between the parties. Harper J considered the relevant legal principles and the specific circumstances of the case. The court examined the value of the property pool, the needs of the parties, and the standard of living enjoyed by the parties during the marriage. The court also considered the contributions made by each party to the marriage and the respective earning capacities of the parties. Based on this analysis, the court concluded that the payment sought by Ms Evans was conservative and in the interests of justice.
Harper J ordered that Mr Watts pay Ms Evans the sum of $750,000 within 42 days of the date of the orders. The court categorised the payment as a partial property settlement. The court also noted that any non-compliance with orders or directions of the court after the date of the orders may result in the dismissal of a defaulting party’s application. The form of the order was subject to the entry in the court’s records, and the reasons for judgment may be subject to review or variation.
Orders
Orders of the court
PAC 275 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS EVANS
Applicant
AND:
MR WATTS
Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
5 DECEMBER 2023
THE COURT ORDERS THAT:
1. Within 42 days of the date of these orders, the Respondent Husband pay to the Applicant Wife the sum of $750,000, as a partial property settlement.
2. There be no order as to the costs of the Applicant’s Application in a Proceeding filed on 24 November 2023.
THE COURT NOTES THAT:
A. The parties are advised that any non-compliance with orders or directions of the Court after the date of these orders may result in the dismissal of a defaulting party’s application.
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.
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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