Monaghan and Farrer

[2018] FamCA 178

FAMILY COURT OF AUSTRALIA

MONAGHAN & FARRER [2018] FamCA 178

FAMILY LAW – PROPERTY – Spousal Maintenance – Interim – Where the applicant sought orders in relation to litigation funding and de facto spousal maintenance – Where the respondent is in a reasonably strong position to resist the applicant’s application to set aside the binding financial agreement (“BFA”) – Where there is a risk the respondent will not be able to recoup the money from the applicant if the applicant’s substantive application fails – Concluded the application for the lump sum costs order be dismissed – Where the BFA between the parties does not preclude the applicant’s claim for de facto spousal maintenance – Concluded the applicant is unable to support himself adequately – Ordered the respondent shall pay the applicant $750 per week by way of de facto spousal maintenance until the finalisation of these proceedings

Family Law Act 1975 (Cth) ss 90SE, 90SF, 117

APPLICANT: Mr Monaghan

RESPONDENT: Ms Farrer

FILE NUMBER: SYC 757 of 2017

DATE DELIVERED: 14 February 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Austin J

HEARING DATE: 14 February 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Stenmark SC

SOLICITOR FOR THE APPLICANT: Malouf Solicitors

COUNSEL FOR THE RESPONDENT: Mr Richardson SC

SOLICITOR FOR THE RESPONDENT: Pearson Emerson Meyer Family Lawyers

Orders

1. The Application in a Case filed by the applicant on 10 March 2017 is dismissed.

1. The oral application for costs made by Ms B and C Pty Ltd against the applicant is dismissed.

1. The respondent shall pay to the applicant the sum of $750 per week by way of de facto spousal maintenance on the following conditions:

(a)The first payment is due seven days from the date of these Orders.

(b)Payment should be made by way of direct deposit into the applicant’s account held with the St George Bank:  BSB …79; account number …48; and

(c)This Order terminates on finalisation of these proceedings.

1. Otherwise, save as to costs:

(a)The application for interim relief set out in the Initiating Application filed 8 February 2017 is dismissed;

(b)The application for interim relief set out within the Response filed 24 January 2018 is dismissed; and

(c)All other outstanding applications for interim relief are dismissed.

1. By consent, no order as to costs as between the applicant and respondent in relation to the interim hearing.

Notation

A.The parties do not require the publication of reasons for Orders 1 & 2 hereof.

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 Monaghan & Farrer 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…