Farhat and Maroun

[2016] FamCA 581

FAMILY COURT OF AUSTRALIA

FARHAT & MAROUN [2016] FamCA 581

FAMILY LAW – SECURITY FOR COSTS – Property settlement – Where the wife seeks that the husband provide security for her costs – Where the substantive proceedings relate to an application by the husband to have consent orders set aside pursuant to s 79A of the Family Law Act 1975 (Cth) – Consideration of the factors in s 117(2A) of the Family Law Act 1975 (Cth) – Where the husband submits that he has mental health problems – Where to make an order for security for costs against the husband may be oppressive to the husband and stifle the litigation – Where the circumstances do not justify a departure from the usual position as to costs – Application dismissed.

Family Law Act 1975 (Cth) s 79A, 117(2A)
Family Law Rules 2004 (Cth) r 19.05(2)

Barker v Barker (2007) 36 Fam LR 650
In the marriage of Clifton and Stuart (1991) FLC 92-194
Luadaka and Luadaka (1998) FLC 92-830

APPLICANT WIFE: Ms Farhat

RESPONDENT HUSBAND: Mr Maroun

FILE NUMBER: SYC 5370 of 2014

DATE DELIVERED: 19 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan J

HEARING DATE: 29 June 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Shaw

SOLICITOR FOR THE APPLICANT: Cambridge Law

COUNSEL FOR THE RESPONDENT: Mr Givney

SOLICITOR FOR THE RESPONDENT: Argyle Lawyers

Orders

1. The Amended Application in a Case filed on behalf of the wife on 10 May 2016 is dismissed.

2. No order is made as to costs.

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 Farhat & Maroun 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 4095 of 2014

Ms Farhat

Applicant

And

Mr Maroun

Respondent

REASONS FOR JUDGMENT

Introduction

1. By his Initiating Application filed 26 April 2016, Mr Maroun sought orders to set aside or vary pursuant to s 79A of the Family Law Act 1975 (Cth) (“the Act”), orders for property settlement made on 29 October 2014 in proceedings between him and Ms Farhat. By her Amended Application in a Case filed on 10 May 2016 Ms Farhat sought orders that Mr Maroun provide security for her costs of the s 79A proceedings and consequential orders. Although the parties are divorced, for convenience I will refer to them as the wife and the husband.

The Hearing

1. At the hearing both parties were represented. The hearing was conducted on the papers. The parties’ counsel identified the material relied on, documents were tendered, submissions…