MALLOY & STOPFORD MALLOY

Case [2020] FamCA 506


FAMILY COURT OF AUSTRALIA

MALLOY & STOPFORD MALLOY [2020] FamCA 506
FAMILY LAW – SPOUSAL MAINTENANCE – Discharge and variation – Where the husband sought to discharge or vary interim spousal maintenance orders made by consent some 5 years ago – consideration of the expression “just cause” in s 83(1)(c) of the Family Law Act 1975 (Cth) in relation to interim spousal maintenance order – where the husband alleges he was under duress or improper pressure from his lawyers to enter into consent orders – where husband had made previous applications regarding the spousal maintenance orders – where allegations of duress or improper pressure were previously not raised – consideration of the principle of finality in relation to interim orders – where circumstances apt to be considered an abuse of process – where no “just cause” demonstrated – where no basis demonstrated to vary the interim consent orders – application dismissed.

Family Law Act 1975 (Cth) ss 43, 72, 74, 75, 80, 81, 83

Family Law Rules 2004 (Cth) r 17.02

Brimaud v Honeysett Instant Print (1988) 217 ALR 44
Chandless-Chandless v Nicholson [1942] 2 All ER 315
Farina & Lofts and Ors [2018] FamCA 763
Hall v Hall 257 CLR 490
Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2005] NSWSC 1225
Harvey v Phillips & Anor (1956) 95 CLR 235
I Limited and Chester and Ors (2010) FLC ¶93–456
Jess & Garvey (2018) FLC 93-827
Joubert and Anor & Verhoeven and Anor [2020] FamCA 53
Kendirjian v Lepore (2017) 259 CLR 275
Malcher & Malcher (No. 2) [2012] FamCA 1115
Malloy & Stopford Malloy [2019] FamCA 986
Malloy and Ors & Stopford Malloy [2017] FamCAFC 204
Malone & Malone [2011] FamCAFC 136
Siebe Gorman & Co Ltd v Pneupac Ltd [1982] 1 All ER 377
Smits v Roach 227 CLR 423
Paris King Investments Pty Ltd & 1 ors v Michael Norman Rayhill & 2 ors [2006] NSWSC 578
Pratt v Pratt  (2012) 47 Fam LR 234
R D Werner & Co Inc v Bailey Aluminium Products Pty Ltd (1988) 18 FCR 389
Stopford Malloy & Malloy [2016] FamCA 289
Stopford Malloy & Malloy and Ors [2016] FamCA 748
Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28
Vakil v Vakil (1997) FLC 92-743
Wilkshire and Coffey v Commonwealth of Australia (1976) 9 ALR 325
Wreford v Caley (2010) 43 Fam LR
APPLICANT: Mr Malloy
RESPONDENT: Ms Stopford Malloy
FILE NUMBER: ADC 2595 of 2015
DATE DELIVERED: 7 July 2020
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Harper J
HEARING DATE: 9 April 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Wells QC
Mr McGinn
SOLICITOR FOR THE APPLICANT: Piper Alderman
THE RESPONDENT IN PERSON: Mr Malloy

Orders

  1. That the Application in a Case filed on 21 August 2019 by the Applicant Husband be dismissed.

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…

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AGLC
MALLOY & STOPFORD MALLOY [2020] FamCA 506
Case
[2020] FamCA 506
Decision Date

CaseChat Overview and Summary

Harper J of the Federal Circuit Court of Australia considered an application filed by the Applicant Husband. The precise nature of the dispute is not detailed in the provided text, beyond the fact that it was an application made by the husband.

The central legal issue before the court was whether to grant the Applicant Husband's application filed on 21 August 2019. The court was required to determine the merits of this application and decide whether it should be upheld or dismissed.

Harper J determined that the Applicant Husband's application should be dismissed. The reasoning behind this decision is not elaborated upon in the provided extract.

Consequently, the court ordered that the Application in a Case filed on 21 August 2019 by the Applicant Husband be dismissed. This order is subject to formal entry in the Court’s records.

Orders

Orders of the court

1.

That the Application in a Case filed on 21 August 2019 by the Applicant Husband be dismissed.

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

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

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