FIGGINS & ANG - [2020] FamCA 404

FAMILY COURT OF AUSTRALIA

FIGGINS & ANG

[2020] FamCA 404

FAMILY LAW – PROPERTY – Interlocutory proceeding – application for injunctions – spousal maintenance and adult child maintenance

Family Law Act 1975 (Cth) ss114(3), 72(1), 66J, 66K, 66L

In the marriage of Waugh [2000] FamCA 1183
In the marriage of Bevan and Bevan (1995) FLC 92-600

Brown & Brown [2007] FamCA 151; (2007) FLC 93-316
Hall & Hall [2016] HCA 23; (2016) 257 CLR 490
Paul & Paul [2012] FamCAFC 64

APPLICANT:

Ms Figgins

RESPONDENT:

Mr Ang

FILE NUMBER:

MLC

12085

2018

DATE DELIVERED:

27 May 2020

PLACE DELIVERED:

Melbourne

PLACE HEARD:

Melbourne

JUDGMENT OF:

Williams J

HEARING DATE:

11 & 16 March 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr St John of Queen's Counsel

SOLICITOR FOR THE APPLICANT:

Peter Szabo Family Law

COUNSEL FOR THE RESPONDENT:	Mr Strum of Queen's Counsel with Mr Matta of Counsel
SOLICITOR FOR THE RESPONDENT:	Mazzeo Lawyers

Orders

The husband pay adult child maintenance of $1,200 per month for Mr X born … 1997, commencing as at 1 April 2020 and payable monthly in advance into a bank account nominated by the wife in writing.
The husband, whether such action is undertaken by him personally or his servants or agents, provide written notice to the wife 30 days prior to:
(i)the disposal of any asset exceeding $25,000 in value;
(ii)borrowing against any item of real property in excess of $25,000 beyond its current level of encumbrance;
(iii)transferring any interest he has in any trust or corporate entity or renouncing any interest or office in any trust or corporate entity;
(iv)varying the terms of any trust deed or agreeing to any other person doing so.
Within seven days of the date of these orders the husband do all things and sign all documents to sell the shares beneficially held by him for the wife and Mr X in the City B and thereafter pay the net proceeds of the sale, after deduction of any selling costs and commissions to the solicitors for the wife on behalf of the wife and Mr X.
Contemporaneously with the sale of the shares referred to in the preceding paragraph, the husband provide to the wife’s solicitors copies of all documents evidencing sale costs and commissions incurred by him.
All extant interim applications are otherwise dismissed.

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 Figgins & Ang 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 MELBOURNE

FILE NUMBER: MLC 12085 of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading FIGGINS & ANG

Details

AGLC: FIGGINS & ANG [2020] FamCA 404
Case: [2020] FamCA 404
Decision Date: 27 May 2020

CaseChat Overview and Summary

In the matter of *Figgins & Ang*, Williams J of the Federal Circuit Court of Australia considered applications concerning adult child maintenance and the disposition of assets. The dispute involved a husband and wife, with the court making orders regarding the husband's financial obligations towards their adult son, Mr X, and the management and sale of certain assets.

The primary legal issues before the court were the extent of the husband's liability for adult child maintenance and the appropriate orders to ensure the equitable division and protection of assets. Specifically, the court had to determine the quantum of monthly maintenance payable for Mr X and to implement measures to safeguard the wife's and Mr X's interests in the husband's assets, including shares and real property.

Williams J ordered the husband to pay $1,200 per month as adult child maintenance for Mr X, commencing from 1 April 2020. Furthermore, the court imposed stringent notification requirements on the husband regarding the disposal or encumbrance of assets exceeding $25,000, as well as any dealings with trusts or corporate entities. The husband was also directed to sell his shares beneficially held for the wife and Mr X in City B within seven days, with the net proceeds to be paid to the wife's solicitors. Contemporaneously with this sale, the husband was to provide documentation of all associated costs and commissions. All other interim applications were dismissed.

Orders

Orders of the court

The husband pay adult child maintenance of $1,200 per month for Mr X born … 1997, commencing as at 1 April 2020 and payable monthly in advance into a bank account nominated by the wife in writing.

The husband, whether such action is undertaken by him personally or his servants or agents, provide written notice to the wife 30 days prior to:

(i) the disposal of any asset exceeding $25,000 in value;

(ii) borrowing against any item of real property in excess of $25,000 beyond its current level of encumbrance;

(iii) transferring any interest he has in any trust or corporate entity or renouncing any interest or office in any trust or corporate entity;

(iv) varying the terms of any trust deed or agreeing to any other person doing so.

Within seven days of the date of these orders the husband do all things and sign all documents to sell the shares beneficially held by him for the wife and Mr X in the City B and thereafter pay the net proceeds of the sale, after deduction of any selling costs and commissions to the solicitors for the wife on behalf of the wife and Mr X.

Contemporaneously with the sale of the shares referred to in the preceding paragraph, the husband provide to the wife’s solicitors copies of all documents evidencing sale costs and commissions incurred by him.

All extant interim applications are otherwise dismissed.

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

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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