FAMILY COURT OF AUSTRALIA
| JUDD & TREASURE | [2018] FamCA 50 |
| FAMILY LAW – SPOUSAL MAINTENANCE – Where the wife seeks that the husband pay her periodic and lump sum maintenance – Where the wife has primary care of the parties’ autistic children – Where the wife has significant health difficulties – Where the wife is unable to work – Where the wife is unable to adequately support herself – Where the husband has access to significant assets and financial resources – Where the wife’s stated expenses are not extravagant – Where some of the husband’s stated expenses are extravagant – Order made for the husband to pay periodic spousal maintenance. FAMILY LAW – PROPERTY – Litigation costs – Where the wife claims she is unable to fund the litigation – Where the wife is unable to support herself adequately and has no income – Where the husband has access to significant assets and financial resources – Where an order for litigation costs is necessary to “level the playing field” – Order made for the husband to pay the wife lump sum and “dollar for dollar” litigation costs. FAMILY LAW – PROPERTY – Sole Occupation – Where the wife seeks that the husband vacate the former matrimonial home and she resume residence there with the children – Where the wife and children currently reside in a three bedroom “granny flat” attached to the main residence of the former matrimonial home – Where the current residence of the wife and children is adequate – Wife’s Application dismissed. |
| Family Law Act 1975 (Cth) ss 72, 75(2), 79, 80(1)(h), 90SF, 117, 117(2A) |
| Bing & Bing (2007) FLC 93-318 |
| APPLICANT: | Ms Judd |
| RESPONDENT: | Mr Treasure |
| FILE NUMBER: | PAC | 166 | of | 2017 |
| DATE DELIVERED: | 6 February 2018 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Hannam J |
| HEARING DATE: | 16 October 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Tockar |
| SOLICITOR FOR THE APPLICANT: | Rebekah Dorter Family Lawyer |
| COUNSEL FOR THE RESPONDENT: | Mr Givney |
| SOLICITOR FOR THE RESPONDENT: | Newnhams Solicitors |
Orders
That the husband pay, or cause to be paid weekly maintenance for the wife in the sum of $1,200 per week by…
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- Judd & Treasure [2018] FamCA 50
- Case
- [2018] FamCA 50
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant periodic and lump sum spousal maintenance, whether to order the husband to pay the wife's litigation costs, and whether to grant the wife sole occupation of the former matrimonial home. The wife's inability to adequately support herself and her lack of income, contrasted with the husband's significant financial capacity, were central to the maintenance and costs applications. The adequacy of the wife and children's current accommodation was the key issue regarding the sole occupation claim.
Regarding spousal maintenance, the court found in favour of the wife, ordering the husband to pay $1,200 per week in periodic maintenance. The court also ordered the husband to pay $60,000 as a lump sum for the wife's litigation costs, and further ordered that he pay "dollar for dollar" any legal costs and expenses he incurred in the proceedings, excluding joint expert fees and the first $60,000 of his own legal costs. This costs order was deemed necessary to "level the playing field" given the disparity in financial resources. However, the wife's application for sole occupation of the former matrimonial home was dismissed, as the court found her current accommodation with the children to be adequate.
Orders
Orders of the court
1.
That the husband pay, or cause to be paid weekly maintenance for the wife in the sum of $1,200 per week by direct deposit into such bank account as the wife may nominate from time to time, payable on or before Monday each week with the first payment to be made on the first Monday following the date of these Orders.
2.
Within fourteen (14) days of the date of these Orders, the husband pay, or cause to be paid, the sum of $60,000 by direct deposit into the trust account of the wife’s solicitors, being Rebekah Dorter Law Practice Trust Account, BSB: 062-000, Account Number: …50 (“the Rebekah Dorter Law Practice Trust Account”).
3.
Within seven (7) days of any payment (including any deposit into a trust account in advance) by or on behalf of the husband in relation to the fees and expenses of any legal practitioner acting on his behalf (including all expenses in association with the preparation of his case), except for any fees and expenses paid by the husband to a joint expert on behalf of both parties, the husband pay, or cause to be paid, the same amount by direct deposit into the Rebekah Dorter Law Practice Trust Account.
4.
The preceding Order does not apply to the first $60,000 paid by or on behalf of the husband in relation to his legal costs.
5.
Within twenty four (24) hours after any payment by or on behalf of the husband as described in Order (3), the husband cause a memorandum to be provided to the wife’s solicitors stating the amount or amounts so paid.
6.
The amounts paid pursuant to Orders (2) and (3) to the wife’s solicitors be applied by them only in payment of the costs and disbursements incurred by the wife in the conduct of these proceedings.
7.
The wife’s application for sole occupation of the former matrimonial home is dismissed.
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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