Hewart and Wignall
Case
•
[2009] FamCA 1132
•27 November 2009
Details
AGLC
Case
Decision Date
Hewart and Wignall [2009] FamCA 1132
[2009] FamCA 1132
27 November 2009
CaseChat Overview and Summary
In *Hewart and Wignall*, heard by Johnston JR, the dispute concerned financial orders sought by the wife from the husband in the context of their marital breakdown. The wife sought orders for spouse maintenance and child support, as well as the payment of school fees and other incidental costs for the parties' children. The husband provided an undertaking regarding his salary.
The court was required to determine the appropriate level of spouse maintenance, whether to depart from standard child support assessments, the extent of the husband's liability for the children's school fees and associated costs, and whether to dismiss the wife's application for an enrolment fee at C School. The court also considered an undertaking from the husband concerning any future increases to his salary package.
Johnston JR ordered the husband to pay spouse maintenance of $1100 per week. The court also ordered a departure from the standard child support assessments, requiring the husband to pay $5200 per month for child support for the period from February 2009 to December 2010, and thereafter as assessed. Furthermore, the husband was ordered to pay all reasonable costs of and incidental to the children's attendance at L Public School, including tuition fees, agreed extra-curricular activities, excursions, necessary equipment, and textbooks, with a reimbursement mechanism for the wife. The wife's application for an enrolment fee at C School was dismissed. The court noted the husband's undertaking not to materially increase his personal salary or salary package without providing 14 days' written notice to the wife.
The court was required to determine the appropriate level of spouse maintenance, whether to depart from standard child support assessments, the extent of the husband's liability for the children's school fees and associated costs, and whether to dismiss the wife's application for an enrolment fee at C School. The court also considered an undertaking from the husband concerning any future increases to his salary package.
Johnston JR ordered the husband to pay spouse maintenance of $1100 per week. The court also ordered a departure from the standard child support assessments, requiring the husband to pay $5200 per month for child support for the period from February 2009 to December 2010, and thereafter as assessed. Furthermore, the husband was ordered to pay all reasonable costs of and incidental to the children's attendance at L Public School, including tuition fees, agreed extra-curricular activities, excursions, necessary equipment, and textbooks, with a reimbursement mechanism for the wife. The wife's application for an enrolment fee at C School was dismissed. The court noted the husband's undertaking not to materially increase his personal salary or salary package without providing 14 days' written notice to the wife.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Remedies
-
Costs
-
Jurisdiction
Actions
Download as PDF
Download as Word Document
Citations
Hewart and Wignall [2009] FamCA 1132
Most Recent Citation
NILLSON & DALABA [2010] FMCAfam 368
Cases Cited
0
Statutory Material Cited
2