Maddigan and Maddigan - [2008] FamCA 203

FAMILY COURT OF AUSTRALIA

MADDIGAN & MADDIGAN

[2008] FamCA 203

FAMILY LAW – Interim – Consent orders

Family Law Act 1975 (Cth)

Davis v Davis (1976) FLC 90-062
S & S [2002] FamCA 59
Sieling v Sieling (1979) FLC 90-627

APPLICANT:

MS MADDIGAN

RESPONDENT:

MR MADDIGAN

FILE NUMBER:

MLC

1895

2008

DATE DELIVERED:

26 MARCH 2008

PLACE DELIVERED:

Melbourne

PLACE HEARD:

Melbourne

JUDGMENT OF:

THE HONOURABLE JUSTICE CRONIN

HEARING DATE:

26 MARCH 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT:

MR CURTAIN

SOLICITOR FOR THE APPLICANT:

AUGHTERSONS

COUNSEL FOR THE RESPONDENT:

MS CURTIS

SOLICITOR FOR THE RESPONDENT:

JANE CURTIS & ASSOCIATES

Orders

That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.
That the solicitor for the applicant wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.
That the details of the rental properties in P be marked as Exhibit “B” and remain on the court file.
That by 4.00pm on 17 April 2008, the husband vacate the real property at P2.
That from 4.00pm on 17 April 2008 until further order, the wife have exclusive occupancy of the real property.
That notwithstanding paragraph 5 of these orders, the husband have liberty to moor the boat at the real property and have reasonable access to it.
That the husband and the wife do all things necessary including signing any document to enable the draw down of $1000 against the Citibank Ready Credit line of credit for the purposes of contributing towards the husband’s rental bond and moving expenses such steps to be all taken by no later than 4 April 2008.
That the wife be responsible for and pay all mortgage payments in respect of the real property as and when they fall due.
To the extent that the wife increases any liability that might otherwise be a joint liability for the purposes of paying the mortgage, she will be responsible for such increase in the liability.
That the parties attend a conciliation conference at 11.00am on 6 June 2008.
That the parties appoint a single expert witness for the purposes of the valuation of the boat noting that in the event that there is no agreement as to the appointment, all parties are to immediately comply with the provisions of the Family Law Rules 2004.
That all interim applications be otherwise dismissed and removed from the list of cases awaiting a hearing.

IT IS NOTED that publication of this judgment under the pseudonym Maddigan & Maddigan is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 1895 of 2008

MRS MADDIGAN

Applicant

And

MR MADDIGAN

Respondent

REASONS FOR JUDGMENT

This matter is being determined on an interim basis in the Judicial Duty List.
Each party filed material and was represented.
There were a number of issues on the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Maddigan and Maddigan

Details

AGLC: Maddigan and Maddigan [2008] FamCA 203
Case: [2008] FamCA 203
Decision Date: 26 March 2008

CaseChat Overview and Summary

In the matter of *Maddigan and Maddigan*, heard before Justice Cronin, the dispute concerned orders relating to property settlement and interim arrangements between the parties. The specific nature of the dispute, beyond the need for property division and interim orders, is not detailed in the provided text.

The court was required to determine a range of issues to facilitate the parties' property settlement and manage their affairs pending final resolution. These included the exclusive occupancy of a real property, arrangements for a boat, financial contributions towards the husband's moving expenses and rental bond, responsibility for mortgage payments, and the valuation of a boat. The court also needed to address the dismissal of interim applications.

The orders made by Justice Cronin were by consent of the parties, reflecting an agreement on the proposed minutes of orders. The court directed that the wife have exclusive occupancy of the real property from a specified date, subject to the husband's liberty to moor his boat there and have reasonable access to it. Both parties were directed to facilitate the draw down of funds for the husband's rental bond and moving expenses. The wife was made solely responsible for mortgage payments on the real property and any increase in liability related to these payments. The parties were also ordered to appoint a single expert witness for the valuation of the boat, with a fallback procedure outlined in the Family Law Rules 2004 if agreement could not be reached. All interim applications were dismissed.

Orders

Orders of the court

That BY CONSENT there be orders in accordance with the minutes of proposed orders marked Exhibit “A” sealed and attached hereto AND IT IS DIRECTED that such minutes remain upon the Court file.

That the solicitor for the applicant wife engross the minutes and deliver them by electronic transmission to my Associate within 7 days.

That the details of the rental properties in P be marked as Exhibit “B” and remain on the court file.

That by 4.00pm on 17 April 2008, the husband vacate the real property at P2.

That from 4.00pm on 17 April 2008 until further order, the wife have exclusive occupancy of the real property.

That notwithstanding paragraph 5 of these orders, the husband have liberty to moor the boat at the real property and have reasonable access to it.

That the husband and the wife do all things necessary including signing any document to enable the draw down of $1000 against the Citibank Ready Credit line of credit for the purposes of contributing towards the husband’s rental bond and moving expenses such steps to be all taken by no later than 4 April 2008.

That the wife be responsible for and pay all mortgage payments in respect of the real property as and when they fall due.

To the extent that the wife increases any liability that might otherwise be a joint liability for the purposes of paying the mortgage, she will be responsible for such increase in the liability.

10.

That the parties attend a conciliation conference at 11.00am on 6 June 2008.

11.

That the parties appoint a single expert witness for the purposes of the valuation of the boat noting that in the event that there is no agreement as to the appointment, all parties are to immediately comply with the provisions of the Family Law Rules 2004.

12.

That all interim applications be otherwise dismissed and removed from the list of cases awaiting a hearing.

Background

Background to the litigation

Full text does not contain this section.

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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