FAMILY COURT OF AUSTRALIA
| GRESHAM & GRESHAM | [2018] FamCA 841 |
| FAMILY LAW – PROPERTY – Interim application – Where the wife seeks that orders be made for a partial property distribution – Where the wife seeks that orders be made for spousal maintenance – Where the wife seeks that orders be made for a departure from a Child Support Assessment so as to increase the child support payable by the husband to her – Where the husband seeks that orders be made for a departure from a Child Support Assessment so as to decrease the child support payable by him to the wife – Where the wife seeks that orders for the sale of a property in the United Kingdom – Where the husband seeks that orders for the sale of the former matrimonial home – Where the husband is the primary financial contributor – Where the wife is the primary carer and homemaker – Where the Court finds that the parties have lived beyond their means – Where the Court finds that the wife cannot reasonably support herself – Where the Court finds that the wife cannot adequately fund her litigation – Where the Court finds that the husband has financial resources which enable him to pay spousal maintenance and non-periodic child support – Where the Court declines to depart from the current Child Support Assessment providing for periodic payments – Where the Court declines to make orders for the sale of certain properties at this interim stage – Orders made for spousal maintenance – Orders made for non-periodic child support – Injunctive order made. |
| Child Support (Assessment) Act 1989 (Cth) ss. 116, 117, 124, 145 Family Law Rules 2004 rr. 1.04, 4.15, 4.23 |
| Acton & Burton [2015] FamCA 469 Aitken & Murphy (No 2) [2012] FamCA 239 Bagala & Bagala (2009) FLC 98-043 Beck and Sliwka (1992) FLC 92-296 Blueseas Investments Pty Ltd & Mitchell (1999) FLC 92-856 Child Support Registrar & Nixon (2007) 36 Fam LR 571 Drysdale & Drysdale [2011] FamCAFC 85 Felice v Felice [2011] FamCA 162 Hall v Hall [2016] 257 CLR 490 In the Marriage of Farr (1976) FLC 90-133 In the marriage of Gyselman (1992) FLC 92-279 Iphostrou & Iphostrou [2011] FamCA 20 Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCA 108 Maroney & Maroney [2009] FamCAFC 45 Martin & Martin and Ors [2013] FamCA 222 McCrossen & McCrossen (2006) FLC 93-283 Medlow & Medlow (2016) FLC 93-692 Mijac Investments Pty Ltd v Graham [2013] FCA 296 Modra v Victoria (Department of Education and Early Childhood Development and Department of Human Services) (2012) 291 ALR 429 Philips & Samuels [2017] FamCA 125 Redman & Redman (1987) FLC 91-805 Saxena and Saxena (2006) FLC 93-268 Seymour and Seymour [2011] FamCAFC 97 Sklavos v Australasian College of Dermatologists [2013] FCA 1065 Sresbodan & Sresbodan and Ors [2013] FamCA 480 Stein… |
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- AGLC
- GRESHAM & GRESHAM [2018] FamCA 841
- Case
- [2018] FamCA 841
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate financial arrangements between the parties, including the transfer of funds, reimbursement of medical expenses, and allocation of legal costs. Further issues included the provision of periodic spousal maintenance, the management of mortgage repayments on a property, and the husband's responsibility for various child-related expenses such as private health insurance, educational costs, and extracurricular activities. The court also needed to address the calculation and payment of child support.
McClelland J made a series of interim orders to manage the financial affairs of the parties pending further proceedings. These orders mandated the transfer of $185,000 from a specific bond to a designated account, from which $40,000 was to be paid to the wife for medical expenses upon production of receipts. A further $145,000 was to be transferred to the wife's solicitors' trust account for legal costs, with any balance to be released to the wife. The husband was ordered to pay weekly spousal maintenance of $931, with provisions for its source of payment. The court also ordered that mortgage repayments on the Suburb E property be reduced to interest-only. The husband was further directed to cover all private health insurance premiums and gap medical expenses for the children, as well as a comprehensive list of educational and extracurricular costs. Child support payments were to be adjusted to account for 100 per cent of the assessed annual rate, with a directive to lodge these orders with the Registrar of the Department of Human Services (Child Support). Liberty to apply was granted to the wife in the event of non-compliance with a prior order.
Orders
Orders of the court
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
1.
Within seven (7) days, the parties do all acts and things reasonably necessary to cause to be transferred from the B Bond (portfolio number …) to the C Account (BSB …; account number #12) the sum of $185,000.
2.
The parties do all acts and things reasonably necessary to cause monies to be paid from the C Account to the wife, up to the sum of $40,000, as are required to reimburse to the wife for her medical expenses, within seven (7) days of production of receipts or invoices, evidencing expenses that she has incurred or will incur in excess of the amount recoverable from Medicare and/or private health insurance.
3.
Within seven (7) days of compliance with order 1 herein, or such other time as the parties agree in writing, the parties do all acts and things reasonably necessary to cause the sum of $145,000 to be transferred from the C Account to the trust account of the wife’s solicitors, Barkus Doolan, with such sum to be applied toward the payment of the wife's legal costs, disbursements, expert and Counsel fees, as required. Any balance of those funds remaining in that trust account upon finalisation of these proceedings is to be released to the wife.
4.
Subject to order 5 herein, the husband pay to the wife, by way of periodic spousal maintenance, the sum of $931 per week, with the first payment to be made within seven (7) days and weekly thereafter.
5.
The husband’s obligation to pay spousal maintenance, pursuant to order 4 herein, is subject to the wife taking all steps as are necessary to facilitate such payments being made from the B Bond until those funds have been exhausted and, thereafter, from such other account or source of funds as is nominated by the husband.
6.
The parties forthwith do all acts and things reasonably necessary to require Australia and New Zealand Banking Group Limited to reduce the current repayments due and owing in respect to the mortgage over the property at D Street, Suburb E NSW (“the Suburb E property”), in terms of the C Account, to interest only repayments.
7.
The husband pay, as and when they fall due, all costs of premiums for private health insurance for the children with their existing health fund at the current level of cover, and any gap medical expenses (including but not limited to medical, hospital, dental, orthodontic, physiotherapy, optometry and pharmaceutical costs and expenses) not otherwise met by the private health fund.
8.
The husband pay the following expenses in respect to the children:
(a) The costs of and incidental to the children's attendance at their current schools or any other school agreed upon in writing by each party or, in the absence of agreement, as ordered by the Court;
(b) Agreed additional school tuition and tutoring fees;
(c) School textbooks and materials;
(d) School and sports uniform and shoes;
(e) School camps and excursions; and
(f) The costs of registration and participation (including costs of equipment, uniforms and shoes) in sporting teams and extracurricular activities.
9.
The non-periodic child support, together with the periodic child support paid by the husband, is to account for 100 per cent of the annual rate of child support payable by the husband under any administrative assessment. The annual rate of child support payable by the husband under any assessment issued from the date of this order to its termination is to be reduced by 100 per cent.
10.
The parties forthwith do all acts and things necessary to cause a copy of these orders to be lodged with the Registrar of the Department of Human Services (Child Support).
11.
In the event that the husband does not comply with order 1(a) made on 7 May 2018 within 14 days, the wife be granted liberty to apply within a further 7 days.
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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