Malcher and Malcher

[2018] FamCA 232

FAMILY COURT OF AUSTRALIA

MALCHER & MALCHER [2018] FamCA 232

FAMILY LAW – PROPERTY – Transfer of funds

APPLICANT: Ms Malcher

RESPONDENT: Mr Malcher

FILE NUMBER: SYC 3808 of 2012

DATE DELIVERED: 11 April 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 11 April 2018

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Litigant in person

SOLICITOR FOR THE RESPONDENT: No appearance by or on behalf of the Respondent

Orders

1. Within 7 days of the date of these orders, the husband do all acts and things and sign all documents as are necessary to irrevocably direct and authorize Westpac Banking Corporation to withdrew from account number …93 and deposit into the wife’s nominated account the following amounts:

   1.1.The sum of $3,000

   1.2.The sum of $43.30 being interest calculated from 1 January 2018 to 9 March 2018

   1.3.A further amount to be calculated by the wife in accordance with the Family Law Rules for further interest to the date of the transfer of the monies to her.

2. In the event the husband fails to execute any document necessary to give effect to this order, the Registrar is appointed pursuant to s 106A Family Law Act to execute the document in the name of the husband and do whatever other acts and things as may be necessary to give validity and operation to the document.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Malcher & Malcher has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3808  of 2012

Ms Malcher

Applicant

And

Mr Malcher

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. The wife makes an application that the husband do all things and sign all necessary documents to irrevocably direct and authorize Westpac Banking Corporation to pay to a nominated account in the wife’s name an amount of $3,000 plus interest calculated in accordance with the Family Law Rules and further, an order pursuant to s 106A Family Law Act.

2. The basis for the wife’s application is the non-payment by the husband of an order that was made by Justice Gill on 4 December 2017 in the following terms:

   5.  The respondent is to pay the wife in respect of costs thrown away on 28 July 2017 in the sum of $3,000 within 28 days of the making of this order.

3. Despite requests that the wife has made to the husband, the husband has failed to comply with that order.

4. The wife gives evidence that pursuant to other orders that have been made by this court, there is a fund that has been set aside to provide the wife with payments which the husband is obliged to pay to her by way of child support through to 1 July 2018. The wife calculates that in the event the husband does not pay any further amount to her by way of child support, and she receives child support from that fund, there will be approximately $20,000 left in that fund which under the orders would go back to the husband as at 1 July 2018.

5. I am satisfied that there is little likelihood that the husband is going to voluntarily comply with the order Justice Gill made in relation to payment of these costs and accordingly it is appropriate to make the orders that the wife seeks by way of enforcement of Justice Gill’s order in the manner requested by the wife.

I certify that the preceding five (5) paragraphs are a true copy of the ex tempore reasons for judgment of the Honourable Justice Watts delivered on 11 April 2018.

Associate: 

Date:  16.4.18