Ferrara & Ferrara

[2021] FamCA 536

FAMILY COURT OF AUSTRALIA

Ferrara & Ferrara [2021] FamCA 536

File number(s):	SYC1747 of 2021
Judgment of:	REES J
Date of judgment:	27 July 2021
Catchwords:	FAMILY LAW – INTERIM PROPERTY – Application by the wife for interim financial relief – Where the financial position of the parties is complex – Where the wife is unable to support herself – Where the husband contends the former matrimonial home must be sold to generate funds – Evidence of large sums being transferred between the husband and various corporate entities – Orders granting the wife interim relief.
Legislation:	Family Law Act 1975 (Cth) s 117
Cases cited:	Salvage & Fosse (2020) 61 Fam LR 45; [2020] FamCAFC 144
Number of paragraphs:	104
Date of hearing:	22 July 2021
Place:	Sydney
Counsel for the Applicant:	Mr Dura
Solicitor for the Applicant:	Capelin Law Pty Ltd
Counsel for the Respondent:	Mr Blank
Solicitor for the Respondent:	Sage Solicitors

ORDERS

SYC 1747 of 2021

BETWEEN:

MS FERRARA

Applicant

AND:

MR FERRARA

Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	27 JULY 2021

THE COURT ORDERS PENDING FURTHER ORDER:

1.That within 14 days of the date of this order the husband shall vacate the property at B Street, Suburb C in the state of New South Wales (“Suburb C”) and thereafter the wife shall be entitled to the sole occupation of that property.

2.That the husband shall pay, as they fall due, all mortgage payments, building and contents insurance premiums and rates relating to Suburb C.

3.That the husband pay to the wife by way of periodic spousal maintenance the sum of $1,320 per week, the first payment to be made forthwith and payments thereafter to be made weekly to the wife’s nominated bank account.

4.That within 28 days of the date of these orders, the husband pay to the wife, by way of lump sum spousal maintenance, the sum of $100,000.

5.That until such time as the husband has paid the sum of $100,000 in accordance with Order 4, the husband is restrained from dealing with the proceeds of sale of the vehicles described by him as Motor Vehicle 1 and Motor Vehicle 2, other than for the purpose of complying with that order.

6.That the wife do all things necessary to sell the unregistered Motor Vehicle 3 and to retain the proceeds of sale, provided that if the wife has not sold the vehicle within 14 days of the date of these orders, then the husband shall forthwith sell the vehicle and pay to the wife $22,000 or such greater sum as is paid for the vehicle.

7.That the husband’s application for the sale of Suburb C is dismissed.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant…