Munayallan & Scott (No 5)

The wife, Ms Munayallan, applied to the Federal Circuit and Family Court of Australia for final property, spousal maintenance, and parenting orders. The husband, Mr Scott, sought to reopen the parenting matter. The court dismissed the husband's application and made final parenting orders, a lump sum spouse maintenance order, and a vexatious proceedings order against the husband. The court did not finalise the property proceedings, leaving that matter open until the Supreme Court proceedings were finalised. The court found that the husband had acted vexatiously by filing numerous, unsuccessful applications and appeals. The court concluded that the husband had acted in a manner that was an abuse of process and had instituted proceedings without reasonable grounds. The court also found that the husband had frequently instituted or conducted vexatious proceedings, and the threshold for making a vexatious proceedings order had been met. The court made a vexatious proceedings order against the husband, prohibiting him from instituting proceedings without leave of the court. The court found that the wife had made a significant contribution to the marriage, particularly as a parent and homemaker, and that the husband had failed to support the wife and children adequately. The court assessed the wife's contribution-based entitlement to the assets as 45%, despite the husband's superior direct financial contribution. The court also found that the wife's future needs were 25%, giving her a total entitlement of 70% of the pool, and the husband 30%. The court made a lump sum spouse maintenance order of $100,000, payable by the husband. The court found that the husband had not provided adequate reasons to reopen the parenting matter and dismissed his application. The court made final parenting orders, maintaining the interim orders made in March 2021. The court found that the husband had acted vexatiously by filing numerous, unsuccessful applications and appeals, and made a vexatious proceedings order against him. The court also made a lump sum spouse maintenance order of $100,000, payable by the husband.