FAMILY COURT OF AUSTRALIA
| LOTTA & LOTTA (NO 2) | [2015] FamCA 551 |
| FAMILY LAW – PROPERTY – Spousal maintenance – Application seeking enforcement of arrears of spousal maintenance previously ordered – where it was communicated by the wife’s solicitors to the husband that she was “no longer pressing” her spousal maintenance application – where wife received significant funds from the sale of property subsequent to spousal maintenance order – where the wife is now in a de facto relationship – where orders enforced in part. |
| Family Law Act 1975 (Cth) s 105 Family Law Rules 2004 (Cth) r 20.07 |
| Collins, MH and Olsthoorn, QPW [2005] FamCA 138 Ramsey (No 2) (1983) 8 Fam LR 1005 Watson & Watson [2006] FMCAfam 293 |
| APPLICANT: | Ms Lotta |
| RESPONDENT: | Mr Lotta |
| FILE NUMBER: | PAC | 3435 | of | 2013 |
| DATE DELIVERED: | 17 July 2015 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 12 June 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Beck |
| SOLICITOR FOR THE APPLICANT: | Thurlow Fisher Lawyers & Consultants |
| SOLICITOR FOR THE RESPONDENT: | Samuel Jones Legal Services |
Orders
That the amount owing by the husband to wife by way of spousal maintenance as ordered on the 14 November 2013 is $14,800.
That the husband pay $14,800 within 14 days from this date to the wife or as she may otherwise direct the husband in writing.
In default of the husband paying the sum provided for in Order 2 the wife is appointed trustee for sale of the whole of husband’s public company shareholdings in IAG and AMP at the best price reasonably obtainable and for the purposes of this order the said shares shall vest in the wife and the wife shall thereupon pay the proceeds of sale as follows:
(a) In payment of $14,800 to herself,
(b) In payment of reasonably incurred selling costs and costs incurred in enforcing these orders if any,
(c) In payment of the balance then remaining to the husband.
That the husband do all necessary things and sign all necessary documents to give effect to these orders.
That in the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these orders, the registrar of the Court is appointed pursuant to s 106A of the Act to execute such deed, document or instrument in the name of such party and to do all acts and things necessary to give validity to the operation of the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of affidavit.
That the wife file and serve submissions as to costs sought if any within 14 days from the date of these orders and the husband file and serve any submissions in response within a further 14 days.
Liberty to apply as to implementation or enforcement of these orders.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lotta & Lotta has been approved by…
Continue reading Lotta and Lotta (No 2)
Sign in free to access the full text
- AGLC
- Lotta and Lotta (No 2) [2015] FamCA 551
- Case
- [2015] FamCA 551
- Decision Date
CaseChat Overview and Summary
The court was required to determine the precise amount of spousal maintenance owing by the husband to the wife, and to make orders for the payment of this sum. Further, the court needed to establish a mechanism for the enforcement of the maintenance order in the event of the husband's default.
Foster J ordered that the husband owed the wife $14,800 in spousal maintenance. The husband was directed to pay this amount within 14 days. In default of payment, the wife was appointed trustee for sale of the husband's shareholdings in IAG and AMP, with the proceeds to be applied first to the maintenance arrears, then to selling costs and enforcement costs, and any balance to the husband. The court also made orders for the execution of necessary documents and granted liberty to apply regarding the implementation or enforcement of the orders.
Orders
Orders of the court
1.
That the amount owing by the husband to wife by way of spousal maintenance as ordered on the 14 November 2013 is $14,800.
2.
That the husband pay $14,800 within 14 days from this date to the wife or as she may otherwise direct the husband in writing.
3.
In default of the husband paying the sum provided for in Order 2 the wife is appointed trustee for sale of the whole of husband’s public company shareholdings in IAG and AMP at the best price reasonably obtainable and for the purposes of this order the said shares shall vest in the wife and the wife shall thereupon pay the proceeds of sale as follows:
(a) In payment of $14,800 to herself,
(b) In payment of reasonably incurred selling costs and costs incurred in enforcing these orders if any,
(c) In payment of the balance then remaining to the husband.
4.
That the husband do all necessary things and sign all necessary documents to give effect to these orders.
5.
That in the event that either party refuses or neglects to execute any deed, document or instrument necessary to give effect to these orders, the registrar of the Court is appointed pursuant to s 106A of the Act to execute such deed, document or instrument in the name of such party and to do all acts and things necessary to give validity to the operation of the deed, document or instrument upon the Registrar being provided with verification of such refusal or failure by way of affidavit.
6.
That the wife file and serve submissions as to costs sought if any within 14 days from the date of these orders and the husband file and serve any submissions in response within a further 14 days.
7.
Liberty to apply as to implementation or enforcement of these orders.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.