Ming & Leong - [2022] FedCFamC2F 973

Federal Circuit and Family Court of Australia
(DIVISION 2)
Ming & Leong [2022] FedCFamC2F 973

File number(s): CSC 81 of 2014

Judgment of: JUDGE COPE

Date of judgment: 30 August 2022

Catchwords: FAMILY LAW – adult child maintenance – where adult child is 23 years of age undertaking university studies – the parties have a long history with the Court – where the First Applicant gave evidence that the Adult Child had a physical impediment which prevented him from working –Adult Child is a resident not a citizen and is required to pay university fees upfront – the First Applicant’s loans to assist in meeting living expenses found to be properly her responsibility – where Respondent has capacity to contribute.

Legislation:
Evidence Act 1995 (Cth) s140

Family Law Act 1975 (Cth) Part VII ss 66B, 66G, 66H, 66L, 66J, 66K

Cases cited:
AR & AL [2004] FMCAfam 597

Cosgrove & Cosgrove (1995) FLC 92-700; [1995] FamCA 155

Everett & Everett (2014) 52 Fam LR 1; [2014] FamCAFC 152

Division: Division 2 Family Law

Number of paragraphs: 192

Date of hearing: 18 & 19 May 2022

Place: Cairns

Counsel for the first Applicant: The First Applicant represented herself

Counsel for the Second Applicant: The Second Applicant represented himself

Counsel for the Respondent: The Respondent represented himself
ORDERS

CSC 81 of 2014

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS MING

First Applicant

MR LEONG

Second Applicant

AND:
MR B LEONG

Respondent

order made by:

JUDGE COPE

DATE OF ORDER:

30 August 2022

THE COURT ORDERS THAT:
1.The Respondent, MR B LEONG pay or cause to be paid to the Second Applicant, MR LEONG (“the Adult Child”) by way of direct debit, Adult Child Maintenance in the sum of $155 per week, to commence as of 19 May 2022 and the following terms and conditions shall apply:
(a)Within seven (7) days of the date of this Order the Adult Child will nominate in writing addressed to the Respondent, to include by text or email, a bank account into which the adult child maintenance is to be paid (“the nominated account”);
(b)The Respondent cause to be paid the sum of $2,945 into the nominated account, on or before 30 September 2022, to consist of the first 19 weeks payment;
(c)As of 7 October 2022 the Respondent pay to the Adult Child by way of direct debit the sum of $155 per week; and
(d)Within fourteen (14) days of the date of this Order the Respondent provide to the Adult Child written confirmation of the direct debit arrangement from his banking provider.

2.The payment of adult child maintenance referred to in Order 1 above will cease upon the following:
(a)the Adult Child commencing full time employment; or
(b)the Adult Child submitting his final assessment for his current degree at D University; or
(c)the Adult Child ceasing to be enrolled in his current Bachelor of Business degree at D University; or
(d)as of the first University semester in 2023, the Adult…

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 Ming & Leong

Details

AGLC: Ming & Leong [2022] FedCFamC2F 973
Case: [2022] FedCFamC2F 973
Decision Date

CaseChat Overview and Summary

This case involves an application for adult child maintenance brought by Ms Ming, the mother, against Mr Leong, the father, and the adult child, Mr B Leong. The matter was heard in the Federal Circuit and Family Court of Australia. The primary issue before the Court was whether the father should contribute financially to the support of his adult child, who is studying at university. The Court considered the capacity of the adult child to work, the income and earning capacity of the father, and the necessary expenses for the adult child to complete his education. The Court also took into account the relationship between the father and the adult child, which was found to be strained. After reviewing the evidence, the Court found that the adult child has the capacity to work and contribute to his own support, but has not done so. The Court also found that the father has the capacity to make a financial contribution to the adult child's education and living expenses. The Court ordered that the father pay the adult child $155 per week in maintenance, to be paid by direct debit. The maintenance payments will cease under certain conditions, such as when the adult child completes his degree, drops out of university, fails, works full-time, or on 31 August 2024, whichever is the earliest. The Court also ordered that the adult child provide the father with his bank account details within seven days of the order and that the father provide written confirmation of the direct debit arrangement within fourteen days. The Court dismissed all outstanding applications and removed the proceedings from the list of matters awaiting finalisation.

Orders