FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Kovacs & Kovacs [2022] FedCFamC2F 188
File number: MLC 3807 of 2021 Judgment of: JUDGE O'SHANNESSY Date of judgment: 3 February 2022 Catchwords: FAMILY LAW – application to set aside financial agreement – section 90K(1)(d) hardship – section 90K(1)(e) unconscionability – interim spousal maintenance application – applicant unable to support herself – agreement did not provide for birth of a child – improvident agreement – agreement set aside. Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 4AA, 90K(1)(d), 90K(1)(e)
Cases cited: Beroni & Corelli (2021) FLC ¶94-004
Chaffin & Chaffin [2019] FamCA 260
Corelli & Beroni [2019] FamCA 911
Daily & Daily (2020) FLC ¶93-999
Fewster & Drake (2016) FLC ¶93-745
Fox & Percy (2003) 214 CLR 118
Frederick & Frederick (2019) FLC ¶93-900
Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
Kapsalis & Kapsalis [2017] FamCA 89
Kennon & Kennon (1997) FLC ¶92-757
Maroney & Maroney [2009] FamCAFC 45
Pascot & Pascot [2011] FamCA 945
Thorne & Kennedy (2017) 263 CLR 85
Division: Division 2 Family Law Number of paragraphs: 85 Date of hearing: 2 February 2022 Place: Melbourne Counsel for the Applicant: Mr P Testart Solicitor for the Applicant: JosephDavid Lawyers Counsel for the Respondent: Mr P Indovino Solicitor for the Respondent: MDM Lawyers ORDERS
MLC 3807 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS KOVACS
Applicant
AND: MR KOVACS
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
3 FEBRUARY 2022
THE COURT ORDERS THAT:
1.The financial agreement dated 12 October 2010 between the Applicant Wife, Ms Kovacs and the Respondent Husband, Mr Kovacs ('the financial agreement') be and is set aside.
2.The application for a declaration that the financial agreement is enforceable is dismissed.
3.The Applicant Wife's application for interim spousal maintenance be and is dismissed.
4.The parties are directed to provide draft directions for final hearing as soon as practical.
AND THE COURT NOTES THAT:
A.The court intends to make directions for final hearing in chambers.
B.If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
C.Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.
D.Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
E.If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r…
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