GEE & LUXFORD

FEDERAL CIRCUIT COURT OF AUSTRALIA

GEE & LUXFORD [2013] FCCA 271

Catchwords: 
FAMILY LAW – Property – Interim Orders – credit cards – whether applicant or respondent are liable for credit card debts – whether amounts owing are joint debts – where applicant denies she applied for credit cards in her name – where applicant denies she ever operated any of the credit cards – where respondent claims that the cards were used for payment of household expenses – where applicant claims that the respondent should indemnify her in respect of the credit card debts.

Legislation:
Family Law Act 1975 (Cth), s.80

Cases cited:
Goode & Goode [2006] FamCA 1346; (2006) 36 Fam LR 422; FLC 93-286

Applicant: MS GEE

Respondent: MR LUXFORD

File Number: SYC 6710 of 2012

Judgment of: Judge Scarlett

Hearing date: 8 May 2013

Date of Last Submission: 10 May 2013

Delivered at: Sydney

Delivered on: 17 May 2013

REPRESENTATION

Solicitor for the Applicant: Mr James

Solicitors for the Applicant: James & Associates

Solicitor for the Respondent: Mr Nicolau

Solicitors for the Respondent: Newtown Solicitors

ORDERS

UNTIL FURTHER ORDER:

1. Within fourteen (14) days of the date of these Orders Respondent is to pay all amounts due and payable as and when they fall due in respect of:

   (a)(omitted) Bank MasterCard (omitted) standing in the name of the Applicant; and

   (b)(omitted) Bank MasterCard (omitted) standing in the name of the Applicant.

2. The Respondent is to indemnify the Applicant and keep her indemnified against all claims, demands, proceedings and judgments in respect of any past, current or future liability in respect of either or both of:

   (a)The said (omitted) Bank MasterCard (omitted) standing in the name of the Applicant; and

   (b)The said (omitted) Bank MasterCard (omitted) standing in the name of the Applicant.

3. The parties are to do all such things and sign all such documents necessary to close the said (omitted) Bank MasterCard and (omitted) Bank MasterCard accounts referred to in the above Orders standing in the name of the Applicant within fourteen (14) days of the date of these Orders.

IT IS NOTED that publication of this judgment under the pseudonym Gee & Luxford is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT SYDNEY

SYC 6710 of 2012

MS GEE

Applicant

And

MR LUXFORD

Respondent

REASONS FOR JUDGMENT

Application

1. This is an Application for interim orders about credit cards. The Applicant seeks orders that the Respondent should make all payments due in respect of three credit cards in her name but which she claims she has never used. She seeks that the Respondent should indemnify her against all claims.

2. The Respondent claims that the credit card debts are not his debts alone, because all the debts incurred on those three cards were entered into with the Applicant’s knowledge and consent and were used household living expenses.

Background

1. The parties were married on (omitted) 2007 and separated under the one roof on 11^th November 2011. The…