Frost and Frost

[2018] FamCA 967

FAMILY COURT OF AUSTRALIA

FROST & FROST [2018] FamCA 967

FAMILY LAW – PROPERTY – Interim application – Where the husband seeks that orders be made for an interim property distribution to the parties – Where the majority of the net proceeds of sale of the former matrimonial home were distributed equally to the parties following its sale – Where the husband seeks orders that the balance of those net proceeds be equally distributed to the parties as a further interim property distribution – Where the husband says that he requires those funds to meet debts – Where the wife opposes that application – Where there is an issue in respect to adequacy of disclosure – Where there are valuation issues – Where, at this stage of the proceedings, Court unable to have sufficient degree of comfort that, at final hearing, and adjustment could be made to account for a further partial distribution of property – Application dismissed.

Family Law Act 1975 (Cth) ss. 79, 80

Family Law Rules 2004 (Cth) r. 1.04

Acton & Burton [2015] FamCA 469 at [26]
Davidson and Davidson (No 2) (1994) FLC 92-469
Gabel & Yardley (2008) FLC 93-386
Iphostrou & Iphostrou and Ors [2011] FamCA 20
Medlow & Medlow (2016) FLC 93-692
Stanford and Stanford (2012) 247 CLR 108
Strahan & Strahan (Interim Property Orders) (2011) FLC 93 466
Sully & Sully (No 2) [2016] FamCA 706
Wenz v Archer (2008) 40 FamLR 212

APPLICANT: Mr Frost

RESPONDENT: Ms Frost

FILE NUMBER: SYC 6281 of 2018

DATE DELIVERED: 23 November 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: McClelland J

HEARING DATE: 12 November 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Reid

SOLICITOR FOR THE APPLICANT: Self-represented

COUNSEL FOR THE RESPONDENT: Ms Lioumis

SOLICITOR FOR THE RESPONDENT: Croker Edwards

Orders

THE COURT ORDERS THAT:

1. The balance of the husband’s Application in a Case filed on 2 October 2018 be 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 Frost & Frost 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 6281 of 2018

Mr Frost

Applicant

And

Ms Frost

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter concerns an application brought by Mr Frost (“the husband”) for interim property orders.  It is to the credit of the parties and their legal advisers that they were able to reach agreement in respect to most of the interim issues that were in dispute, at the interim hearing listed in the Court’s duty list on 12 November…