Judgment delivered by Kelly FM on 21 September 2011 as

[2011] FMCAfam 1258

FEDERAL MAGISTRATES COURT OF AUSTRALIA

GILBERT & GILBERT (CORRIGENDUM) [2011] FMCAfam 1258

FAMILY LAW – Property – add backs – s.75(2) factors in wife’s favour – credit.

FAMILY LAW – Spousal maintenance – wife’s earning capacity – husband’s capacity to pay.

CHILD SUPPORT – Grounds for departure established.

Family Law Act 1975, ss.72, 74, 75(2), 79(4)
Child Support (Assessment) Act 1989, s.117

NHC & RCH (2004) FLC93-204
M & M [1998] FamCA 42
C & C [1998] FamCA 143
Townsend & Townsend (1995) FLC 92-569
Lee Steere & Lee Steere (1985) FLC 9-626
Hickey & Hickey (2003) FLC 93-143
AJO v GRO (2005) FLC 93-218
D J M & J L M (1998) FLC 92-816
D & D (2003) FamCA 473
Gyselman & Gyselman (1992) FLC92-289

Applicant: MR GILBERT

Respondent: MS GILBERT

File Number: ADC 1267 of 2009

Judgment of: Kelly FM

Hearing dates: 5, 6 August, 14 October, 26, 27 November 2010, 3 March 2011

Date of Last Submission: Written submissions received April 2011

Delivered at: Adelaide

Delivered on: 21 September 2011

REPRESENTATION

Counsel for the Applicant: Ms D Morosini (now self represented)

Solicitors for the Applicant: Di Morosini & Co

Counsel for the Respondent: Ms N Hurley

Solicitors for the Respondent: Clelands

IT IS NOTED that publication of this judgment under the pseudonym Gilbert & Gilbert (Corrigendum) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

CORRIGENDUM

Judgment delivered by Kelly FM on 21 September 2011 as [2011] FMCAfam 1018

Amend Order (1) to read:

1. (b)    the monies deposited into Court pursuant to the Notice of Payment into Court filed 19 May 2011be divided as follows:

   (i)as to the husband the sum of $42,723.80;

   (ii)the sum of $5,424.20 be paid to Clelands Trust Account to be held pending determination of the Child Support arrears outstanding;  and

   (iii)the balance remaining to the wife.

   (ba)the payment due from [P] Pty Ltd ([P]) in May 2012 be distributed as to $20,000 to each party and the wife’s solicitors to forward a copy of this order to [P] for their information.

Amend paragraph 7: the figure of $260,000 is substituted in lieu of the figure of $220,000.

Amend paragraph 61:  the figure of $123,042 is substituted in lieu of the figure of $168,000.

I certify that the above is a true copy of the Corrigendum to the Judgment [2011] FMCAfam 1018 of Kelly FM

Date:         10 November 2011