FAMILY COURT OF AUSTRALIA
| MIFSUD & MIFSUD | [2018] FamCA 1116 |
| FAMILY LAW – PROPERTY – Application for interim property distribution – Where the wife seeks an order that the husband transfer real estate to her – Where the husband seeks final property orders for that real estate to ultimately be transferred to the wife – Where the Court is unable to determine that it is in the interests of justice for a partial interim property distribution to be ordered – Application dismissed. |
| Family Law Act 1975 (Cth) ss. 79, 80(1)(h), 114 Family Law Rules 2004 (Cth), r. 1.04 |
| Davidson and Davidson (No 2) (1994) FLC 92-469 Felice v Felice [2011] FamCA 162 Gabel & Yardley (2008) FLC 93-386 In the Marriage of Farr (1976) FLC 90-133 Martin & Martin and Ors [2013] FamCA 222 Medlow & Medlow (2016) FLC 93-692 Philips & Samuels [2017] FamCA 125 Sresbodan & Sresbodan and Ors [2013] FamCA 480 Stanford v Stanford (2012) 247 CLR 108 Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466 Sully & Sully (No 2) [2016] FamCA 706 Wenz v Archer (2008) 40 FamLR 212 |
| APPLICANT: | Ms Mifsud |
| RESPONDENT: | Mr Mifsud |
| FILE NUMBER: | WOC | 1118 | of | 2015 |
| DATE DELIVERED: | 21 December 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland J |
| HEARING DATE: | 12 December 2018 |
REPRESENTATION
| SOLICITOR FOR THE APPLICANT: | Hansons Lawyers |
| COUNSEL FOR THE RESPONDENT: | Ms Messner |
| SOLICITOR FOR THE RESPONDENT: | Acorn Lawyers |
Orders
The wife’s Application in a Case filed on 2 October 2018 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 pseudonym Mifsud & Mifsud 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: WOC 1118 of 2015
| Ms Mifsud |
Applicant
And
| Mr Mifsud |
Respondent
REASONS FOR JUDGMENT
Introduction
In this matter, the wife seeks an order, by way of interim property distribution, that the husband transfer a property located at B Street, Suburb C NSW … (“the Suburb C property”) into her name.
That application is made in circumstances where progression of the wife’s substantive application has been delayed as result of criminal proceedings brought against the husband in the District Court of New South Wales. Those criminal proceedings involve events that occurred during the course of the parties’ relationship. Accordingly, the proceedings in this Court have been delayed, as requiring the husband to respond to certain matters relevant to them could prejudice the hearing of his criminal charges.
The wife contends that, through various means, including retaining new legal representatives at a late stage…
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- Mifsud and Mifsud [2018] FamCA 1116
- Case
- [2018] FamCA 1116
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the wife's Application in a Case, filed on 2 October 2018, should be permitted to proceed. The court was required to determine the validity or appropriateness of this application.
McClelland J ultimately dismissed the wife's Application in a Case. The reasoning behind this dismissal is not elaborated upon in the provided extract, but the outcome indicates that the court found no grounds to allow the application to continue.
The final order of the court was that the wife's Application in a Case filed on 2 October 2018 be dismissed, subject to the formal entry of the order in the Court's records.
Orders
Orders of the court
1.
The wife’s Application in a Case filed on 2 October 2018 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
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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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