George and George

[2016] FamCA 628

FAMILY COURT OF AUSTRALIA

GEORGE & GEORGE [2016] FamCA 628

FAMILY LAW - ENFORCEMENT

APPLICANT: Ms George

RESPONDENT: Mr George

FILE NUMBER: SYC 7612 of 2011

DATE DELIVERED: 27 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 27 July 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Campton, SC

SOLICITOR FOR THE APPLICANT: York Family Law

SOLICITOR FOR THE RESPONDENT: No appearance

Orders

1. Pursuant to rule 20.07A Family Law Rules, a declaration be made that pursuant to order 18 of the orders made 27 January 2015, a sum of $16,733.74 is payable by way of non-periodic child support payments and a further amount may be payable subject to the outcome of an additional application in a case the wife has foreshadowed she will file.

2. Pursuant to rule 29.07A Family Law Rules, it be declared that pursuant to order 8 of the orders made on 1 June 2012 the sum of $1,003.44 is payable by the husband to the wife for council rates outstanding in respect of the property located at T Street, Suburb F.

3. The amounts that have been declared as owing be paid to the wife upon settlement of the sale of the property situated at B Street, Suburb M.

4. Any further application in a case be filed and served within 7 days and I intend to list this application on 27 September 2016 at 12 noon.

5. Leave granted to the wife to rely upon the affidavit filed 17 June 2016 in support of any further application that she will file.

6. The husband file and serve any response to the further application in a case referred to in order 4 within 21 days after service of the documents.

7. The wife’s costs of today be reserved to be dealt with on 27 September.

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 George & George 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 7612  of 2011

Ms George

Applicant

And

Mr George

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The wife has filed an Application in a Case where pursuant to rule 20.07A Family Law Rules, she seeks an amount of $16,733.74 as a declared amount owing by the husband pursuant to orders for non-periodic child support payment. She also seeks an order for $1,003.44 in relation to outstanding council rates in respect of the property at T Street, Suburb F. The affidavit that was filed in support of that application does not contain any summary as to how the figure of $16,733.74 was calculated and in fact, senior counsel for the wife today has presented a minute of order, he says based upon the evidence in the wife’s affidavit, the amount outstanding by way of non-periodic child support payments to be in the sum of $30,075.74.

2. I have dealt with the matter today in the absence of the husband. The husband filed an affidavit on 25 July 2016 in which he says:

   I have advised the Family Court (including the Registrar and Case Coordinator) for over four weeks that I will not be in Sydney this week as I will be assisting my youngest son to attend his representative [sports] state titles. Yesterday, 24 July 2016, my ex-wife confirmed that she agreed I should take [E] to the state titles which run from 26 July 2016 to 28 July 2016 but also require 25 July 2016 and 29 July 2016 so as to travel to the event.

3. The wife has given oral evidence today that absolutely denies that there has been any communication whatsoever between the husband and wife about the husband taking [E] to the state titles or her agreeing that he could. The husband probably is at the state titles because when he was called today he did not appear.

4. The solicitor for the wife has filed an affidavit that indicates that through multiple processes, the husband was served on 23 June 2016 the application that has been brought today and a copy of the affidavit upon which the wife sought to move.

5. This is an enforcement application and the husband actually has not filed any response or evidence that goes to the enforcement application so far as I am aware.

6. I have indicated to senior counsel today that I am not prepared, in the absence of the husband, to allow an oral application to be made which would increase the amount that was sought, by way of the declaration. On the other hand I have indicated to counsel that although I am prepared to make an order based on the material that I have got to the extent of the amount sought in the application, I will not prejudice the wife from bringing a further application in a case for the balance of the amount that is detailed in the affidavit.

7. The application should be formulated in a way that sets out whatever dollar figure is sought by way of itemised amounts that add to a total and the itemised amounts should make reference to a particular paragraph in the affidavit that support the claim.

8. I note that the wife acknowledges difficulties in the form of the order sought in order 5 of the Application in a Case filed 17 June 2016 and that a further application in a case will seek an order to the same intent but in a different form.

I certify that the preceding eight (8) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 27 July 2016.

Associate: 

Date:  29.7.16