Gade and Jabbar (No.16)

FEDERAL CIRCUIT COURT OF AUSTRALIA

GADE & JABBAR (No.16) [2018] FCCA 2195

Catchwords:
FAMILY LAW – Property – wife to pay the husband’s costs of and incidental to an interim application concerning the wife’s failure to make mortgage payments.

Legislation:

Family Law Act 1975 (Cth) s.117

Applicant: MR GADE

Respondent: MS JABBAR

File Number: NCC 2265 of 2015

Judgment of: Judge Terry

Hearing date: 19 March 2018

Date of Last Submission: 19 March 2018

Delivered at: Newcastle

Delivered on: 19 March 2018

REPRESENTATION

Counsel for the Applicant: Mr Weightman

Solicitors for the Applicant: NLS Law

The Respondent: In person

ORDERS

1. The respondent shall pay the amount of $5,852.07 to Bank 1 by 5.00pm on 26 March 2018 and the respondent shall provide to the applicants’ solicitor evidence of payment by no later than 9.00am on 27 March 2018.

2. If the respondent fails to pay the amount required by Order 1 then orders will forthwith be made in terms of Orders 2, 3 and 4 of the orders sought by the applicant in his application in a case filed on 24 January 2018.

3. The existing order requiring the respondent to pay the mortgage payments in respect of the Property A property as they fall due continues to be in force until the final decision is delivered.

4. The respondent shall pay the applicant’s costs of and incidental to the application in a case filed on 24 January 2018 fixed in the sum of $5,324.56 NOTING THAT the timeframe for which those costs are to be paid will be determined as part of the final decision concerning the property matter.

5. Further consideration of the orders sought in the respondent’s response to the application in a case filed on 24 January 2018 is adjourned to delivery of the reserved decision.

6. The applicant’s legal representative is granted liberty to apply to relist the matter should they consider it necessary to do so.

THE COURT NOTES THAT:

(A)The court will take into account in determining the property matter the evidence given today about the payment of rates by the applicant in respect of the Property A property NOTING THAT the respondent is of the view that she was not responsible for the payment of the rates and this issue will also be considered in the final decision.

(B) The court has informed the parties that it will use its best endeavours to ensure that a decision is handed down in relation to the parenting and property matter by 13 April 2018.

IT IS NOTED that publication of this judgment under the pseudonym Gade & Jabbar (No.16) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE

NCC 2265 of 2015

MR GADE

Applicant

And

MS JABBAR

Respondent

REASONS FOR JUDGMENT

Introduction

1. These reasons for judgment were delivered orally and have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. I…