FAMILY COURT OF AUSTRALIA
| KEIRN & MOXEY | [2015] FamCA 663 |
| FAMILY LAW – CHILDREN – Spend time – Appropriate forum – Where the wife sought orders permitting her to leave to the United Kingdom with the children and institute proceedings there – Where it was found that the wife was not estopped from prosecuting her case in relation to appropriate forum by having sought orders in the Australian proceedings to agitate her application – Where it was found that the parents and the children are settled in Australia – Where the single expert opined that the wife could remain in Australia for the foreseeable future – Where it was found that if the children were to return to the United Kingdom their living arrangements would be disrupted – Australia determined to be the appropriate forum – Interim arrangements for the children to spend time with the husband made. FAMILY LAW – PROPERTY – Interim distribution by way of partial property settlement –Where the wife removed funds from the parties’ joint account – Wife ordered to provide $200,000 to the husband by way of partial property settlement – Wife ordered to deposit $223,000 in a controlled moneys account pending further order – Balance of the funds removed by the wife to be retained by her as a partial property settlement. |
| Family Law Act 1975 (Cth) s 69ZQ |
| In re F (Abduction: Custody Rights) [1991] Fam 25 Randle & Randle [2011] FamCA 830 |
| APPLICANT: | Mr Keirn |
| RESPONDENT: | Ms Moxey |
| FILE NUMBER: | SYC | 8029 | of | 2014 |
| DATE DELIVERED: | 14 August 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Rees J |
| HEARING DATE: | 16 April 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Mater |
| SOLICITOR FOR THE APPLICANT: | Rockliffs Solicitors and IP Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Boyle |
| SOLICITOR FOR THE RESPONDENT: | Reid Family Lawyers |
Orders
IT IS ORDERED
That by way of partial property settlement, the wife cause to be paid to the husband, from the sum of $623,000 removed by her from their joint account, the sum of $200,000.
That the wife cause the sum of $223,000 to be placed into an interest bearing account jointly with the husband such that both parties are required to consent to any withdrawal.
That the balance of the funds removed by the wife from the parties’ joint account be retained by her as a partial property settlement.
That the application for interim orders contained in the Response of the wife filed 17 March 2015 be dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Keirn & Moxey has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 8029 of 2014
| Mr Keirn |
Applicant
And
| Ms Moxey |
Respondent
REASONS FOR JUDGMENT
These are proceedings arising out of the relationship between…
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- KEIRN & MOXEY [2015] FamCA 663
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- [2015] FamCA 663
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CaseChat Overview and Summary
The primary legal issue before the court was to determine the appropriate forum for the proceedings concerning the children. Additionally, the court was required to consider interim property settlement orders, particularly in light of the wife's removal of funds from a joint account.
Rees J found that the wife was not estopped from arguing for the United Kingdom as the appropriate forum, despite having sought orders in the Australian proceedings. However, the court determined that Australia was the appropriate forum, noting that both parents and the children were settled in Australia. The single expert's opinion that the wife could remain in Australia for the foreseeable future and that a return to the United Kingdom would disrupt the children's living arrangements were significant factors in this determination.
Consequently, the court made interim orders for the children to spend time with the husband. In relation to property, the wife was ordered to pay $200,000 to the husband from the $623,000 she had removed from their joint account, by way of partial property settlement. A further $223,000 was to be deposited into a jointly controlled interest-bearing account pending further order, with the remaining balance retained by the wife as a partial property settlement. The wife's application for interim orders contained in her Response filed on 17 March 2015 was dismissed.
Orders
Orders of the court
IT IS ORDERED
1.
That by way of partial property settlement, the wife cause to be paid to the husband, from the sum of $623,000 removed by her from their joint account, the sum of $200,000.
2.
That the wife cause the sum of $223,000 to be placed into an interest bearing account jointly with the husband such that both parties are required to consent to any withdrawal.
3.
That the balance of the funds removed by the wife from the parties’ joint account be retained by her as a partial property settlement.
4.
That the application for interim orders contained in the Response of the wife filed 17 March 2015 be dismissed.
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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