IBRAHIM & RAAD

Case

[2018] FCCA 3753

19 December 2018


Details
AGLC Case Decision Date
Ibrahim and Raad [2018] FCCA 3753 [2018] FCCA 3753 19 December 2018

CaseChat Overview and Summary

This matter concerned an application by the Wife for a Change of Assessment regarding child support, which resulted in an Assessment Decision in May 2018. This decision assessed the child support payable at $246.58 per week, setting the Husband's annual child support income at $106,850 and establishing arrears of $3,742.22. The Assessment Decision noted the Husband's limited disclosure of his financial circumstances, finding he had not provided full and frank disclosure.

The court was required to determine whether to make interim orders for lump sum maintenance, periodic maintenance, and injunctive relief to prevent the disbursement of assets. Key to this determination were the discrepancies in the Husband's disclosed savings and the unexplained movements of funds in his bank accounts following the initiation of proceedings. The court considered the Husband's declared income for loan purposes, his access to undisclosed resources, and the significant withdrawal from a bank account after he was served with the initiating application.

In reaching its decision, the court relied on the Assessment Decision and bank account records as independent evidence of the Husband's financial circumstances. The court found it reasonable in the circumstances to make interim orders for lump sum and periodic maintenance, as well as injunctive relief to prevent the disbursement of assets. Costs were reserved for further submissions.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Procedural Fairness

  • Injunction

  • Costs

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2