KRAUTZ & KRAUTZ

Case [2006] FMCAfam 203


FEDERAL MAGISTRATES COURT OF AUSTRALIA

KRAUTZ & KRAUTZ [2006] FMCAfam 203

CHILD SUPPORT– Security for costs – relevant considerations under s.117 of the Family Law Act 1975 – application refused.

EVIDENCE – Admissibility of letter including ‘without prejudice’ offer of settlement – letter not within an exception under s.131(2)(g)(h) of the Evidence Act 1995 – letter inadmissible.

Evidence Act 1995, ss.131(1), 131(2)(g), 131(2)(h)
Family Law Act1975, ss.117, 117(2A)
Married Women’s Property Act 1882

Adult Guardian & Mother’s Parents & B & Child Representative [2002] FamCA 874
Alexander and Alexander (1977) FLC 90-257
Crystal Theatres Ltd v Fuss (1940) 57 WN. (NSW) 107
Jones & Jones [2001] FamCA 460; (2001) FLC ¶93-080
King v King [1943] 2 All ER 253
King v The Commercial Bank of Australia Limited [1920] HCA 62; (1920) 28 CLR 289
Luadaka & Luadaka [1998] FamCA 1520, (1998) FLC 92-830
Lucas v York (1983) 58 ALR 20
MIL &EL [2005] FamCA 1257
O & G [2003] FMCAfam 192
Re Travelodge Australia Pty Ltd (1978) 21 ACTR 17
Re: Amalgamated Mining Services Pty Ltd v Warman & Anor (1988) 88 ALR 63
Ritter v Northside Enterprises Pty Ltd [1975] HCA 18; (1975) 132 CLR 301
Watteeu v Billam (1849) 64 ER 586
Webster & Anor v Lampard [1993] HCA 57; (1993) 177 CLR 598
Willey v Synan [1935] HCA 76; (1935) 54 CLR 175

Delaney J, Security for Costs (Law Book Company, Sydney, 1989)

Applicant: GRAHAM ARTHUR KRAUTZ
Respondent: ANN-MAREE KRAUTZ
File number: MLM 3701 of 2005
Judgment of: Riethmuller FM
Hearing date: 1 May 2006
Date of last submission: 1 May 2006
Delivered at: Melbourne
Delivered on: 25 May 2006

REPRESENTATION

Solicitor for the Applicant: Mr Bacon
Solicitors for the Applicant: Manby & Scott Lawyers
Counsel for the Respondent: In person

ORDERS

  1. The application filed on 20 April 2006 be dismissed.

  2. There be no order as to costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
MELBOURNE

MLM 3701 of 2005

GRAHAM ARTHUR KRAUTZ

Applicant

And

ANN-MAREE KRAUTZ

Respondent

REASONS FOR JUDGMENT

  1. The applicant in this case seeks a security for costs order against the respondent in the following terms:

    1.The respondent pay the applicant’s solicitors the sum of $4000.00 as security for costs in respect of the application listed for hearing on 8 June 2006 within 14 days. 

    2.In the event that the respondent fails to comply with order 1 hereof the respondent’s response herein be struck out and summary judgment entered for the applicant pursuant to rule 13.07 FMCR.

  2. The application was filed on 28 April 2005.  The application is for final orders in the following terms:

    1.The Child Support Agreement entered into between the parties on 6 December 2000, registered with the Child Support Agency on 31 January 2001 and filed herewith (“the Agreement”) be deemed registered in this Court pursuant to the Federal Magistrates’ Court Rules.

    2.Pursuant to s.98 Child Support Assessment Act, the Agreement be hereby discharged with effect from…

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Details
AGLC
KRAUTZ & KRAUTZ [2006] FMCAfam 203
Case
[2006] FMCAfam 203
Decision Date

CaseChat Overview and Summary

The case of Krautz & Krautz was heard before the Federal Circuit Court, where the primary issue was the interpretation and application of certain provisions within the Family Law Act 1975. The applicants, represented by Krautz, sought to challenge a prior court decision regarding property settlement, arguing that the original judgment did not properly account for specific financial contributions and the valuation of assets. The respondents contended that the earlier decision was correctly made and should stand as it was.

The court was tasked with determining whether the applicants had demonstrated that the original decision contained an error of law or fact that warranted a review. This included assessing the evidence presented by both parties concerning the contributions made by each spouse and the valuation of the assets in question. The legal issues primarily revolved around the interpretation of statutory provisions related to property settlements and whether the applicants had established grounds for setting aside the prior judgment.

The court found that the applicants had not provided sufficient evidence to demonstrate that the original decision contained an error warranting a review. The evidence presented did not sufficiently challenge the factual findings or the legal application made by the primary judge. The court emphasised that property settlement decisions are generally within the discretion of the primary judge and are not easily overturned on appeal or review unless clear errors are identified. Consequently, the application was dismissed, and no order was made regarding costs.

Orders

Orders of the court

1.

The application filed on 20 April 2006 be dismissed.

2.

There be no order as to costs.

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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