MacDougal and MacDougal (Also Known As Benson)

In *MacDougal & MacDougal (also known as Benson)* [2013] FamCA 483, the Family Court of Australia considered an application by the husband for an order authorising him to retain any pre-paid school fees for the 2014 academic year refunded by two specific schools. The wife was to be restrained from interfering with or opposing the husband's application for these refunds and from receiving them. The wife was also ordered to sign all necessary documents, with a Registrar authorised to sign in her default.

The primary legal issue before the Court was whether to grant the husband's application for the pre-paid school fees, given the wife's assertion of a parlous financial position and her argument that no orders should be made until a later date when other parties were to be joined. The Court also considered whether the wife had breached previous orders made on 8 March 2013 regarding the proceeds of sale of a property.

Justice Dessau found that the husband's application, though small in scope compared to the overall asset pool, was appropriate to be made at that interim stage. The Court was satisfied that it had the power to make the order and that it was a fair one, capable of being characterised by the trial judge. While not making definitive findings on the wife's conduct or potential breaches of earlier orders, the Court noted that the wife's explanation for prepaying 2014 fees when she claimed financial hardship was not obvious. The Court also ordered the wife to pay the husband's costs of the proceedings fixed at $4,488, taking into account the wife's access to funds and the husband's success on the discrete application.