Hatton and Hatton

[2007] FamCA 551

FAMILY COURT OF AUSTRALIA

HATTON & HATTON [2007] FamCA 551

FAMILY LAW - PROPERTY - Interim spousal maintenance - Sale of matrimonial home - Review of Judicial Registrar's orders

Family Law Act 1975 (Cth)

APPLICANT: Mrs Hatton

RESPONDENT: Mr Hatton

FILE NUMBER: SYF 2657 of 2004

DATE DELIVERED: 29 May 2007

PLACE DELIVERED: Adelaide

JUDGMENT OF: Watts J

HEARING DATE: 18 December 2006 & 16 March 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Campton

SOLICITOR FOR THE APPLICANT: Karras Partners

SOLICITOR FOR THE RESPONDENT: Adrian Twigg & Co

Orders

1. The orders of Judicial Registrar Johnston made 9 November 2006 be discharged.

2. After the provision of the sum of $8,800 pursuant to order 5 of the other orders made this day, A Service Limited pay to the wife, from monies payable to the husband from time to time, as soon as those monies become payable:-

   2.1.The sum of $23,875 or sums totalling $23,875;

   2.2.Amounts equivalent to $923 per week calculated from 16 March 2007.

IT IS NOTED THAT:

1. The effect of order 1 is to restore orders made 1 March 2006.

2. The arrears under the spousal maintenance order made 1 March 2006, as at 16 March 2007, are $23,875.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYF 2657 of 2004

Mrs Hatton

Applicant

And

Mr Hatton

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. This is an application for a review of orders by Judicial Registrar Johnston made on 9 November 2006 so far as they relate to financial matters.  On that day the Judicial Registrar varied orders made on 1 March 2006 for spousal maintenance of $925 per week and made an order that “the husband pay to the wife $500 per week for her accommodation and $500 per week pending further order upon her vacating the home at [M]”.  The Judicial Registrar set aside orders 1.2, 1.3 and 1.4 made on 6 April 2006.  These orders provided that the husband pay the wife’s lawyers four amounts of $5,000 in April and May 2006 (of which the husband failed to pay three).

2. The Judicial Registrar also ordered that the property in which the wife lives at M be listed for sale at a reserve price of $3.5 million.

3. The Judicial Registrar stayed his orders of 9 November 2006 “pending completion of the review”. 

4. The applications which were before the Judicial Registrar are to be heard by me as a hearing de novo. 

5. The central questions for determination are:-

   5.1.Whether the wife, pending the determination of the final property application, can continue to reside in her current property at M with the children or is that property to be immediately listed for sale;

   5.2.Whether the orders made on 1 March 2006 for the payment of spousal maintenance and payment of interim costs should be varied;

   5.3.In relation to any arrears and in respect of future responsibility for payment of periodic amounts, is there any mechanism by which the husband’s performance of his obligations can be assured. 

FACTS NOT IN DISPUTE

1. The husband was…