FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
Muniz & Farina [2025] FedCFamC2F 406
File number: MLC 6681 of 2023 Judgment of: JUDGE BLAKE Date of judgment: 31 March 2025 Catchwords: FAMILY LAW– Application for spousal maintenance by the de facto wife – where wife relies on care and control of a child to assert she cannot adequately support herself – where the evidence fails to establish the wife is unable to support herself adequately because of care and control of a child – application dismissed – other orders made by consent. Legislation: Family Law Act 1975 (Cth) ss 90SD, 90SE(1), 90SF(1), 90SF(1)(b)(i), 90SF(2), 90SF(3), 90SF(4)
Riethmuller G and Smith R, Family Law (7th ed, Thomson Reuters, 1991)
Cases cited: Carson & Hillman [2019] FamCAFC 42
In the Marriage of Bevan (1993) 120 FLR 283
In the Marriage of Patterson (1979) FLC 90-705
Jabara & Gaber [2021] FedCFamC1A 26
Kensit & Kensit [2022] FedCFamC1F 633
MS & PS (2006) FLC 93-268
Stein v Stein (2000) 25 Fam LR 727
Tomaras v Tomaras (2021) 64 FamLR 237
Division: Division 2 Family Law Number of paragraphs: 31 Date of hearing: 11 March 2025 Place: Melbourne Counsel for the Applicant: Mr Howe Solicitor for the Applicant: RM Commercial & Family Lawyers Counsel for the Respondent: Mr Dean Solicitor for the Respondent: Bardo Lawyers ORDERS
MLC 6681 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS MUNIZ
Applicant
AND: MR FARINA
Respondent
ORDER MADE BY:
JUDGE BLAKE
DATE OF ORDER:
31 MARCH 2025
THE COURT ORDERS THAT:
1.The Applicant’s application for spousal maintenance as set out in the Further Amended Application filed 9 September 2024 be dismissed.
AND THE COURT ORDERS BY CONSENT THAT:
2.All previous orders be and hereby are discharged.
3.Unless otherwise specified in these orders and, save for the purposes of enforcing any monies due under these or any subsequent Orders:
(a)each party shall be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these Orders;
(b)monies standing to the credit of the parties in any joint account shall be divided equally between the parties and thereafter the parties will do all things and sign all documents to close the account;
(c)each party shall forego any claims they may have to any superannuation, long service leave, redundancy, retirement and like benefits belonging to or earned by the other;
(d)each party shall forego any claims they may have to any monies residing in individual bank accounts belonging to the other;
(e)insurance policies shall remain the sole property of the owner named thereon;
(f)any joint tenancy of the parties in any real or personal property is hereby expressly severed;
(g)the Applicant will be solely liable for and indemnify the Respondent in relation to any liability in the Applicant’s sole name or encumbering any item of property to which the Applicant is entitled pursuant to these Orders; and
(h)the Respondent will…
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CaseChat Overview and Summary
The court found that the evidence did not support Ms Muniz's claim that her care and control of the child prevented her from adequately supporting herself. It was noted that the applicant had not demonstrated an inability to secure employment or that her current employment was insufficient to meet her needs. The court considered the financial position of both parties and concluded that Ms Muniz's application for spousal maintenance should be dismissed. Other orders regarding the division of property and liabilities were made by consent between the parties.
In summary, the court dismissed the applicant's application for spousal maintenance and made various orders by consent regarding the division of property and liabilities. The court noted that a default judgment against the respondent in another court still stood. The orders are subject to review or variation as permitted by the Family Law rules.
Orders
Orders of the court
MLC 6681 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS MUNIZ
Applicant
AND:
MR FARINA
Respondent
ORDER MADE BY:
JUDGE BLAKE
DATE OF ORDER:
31 MARCH 2025
THE COURT ORDERS THAT:
1. The Applicant’s application for spousal maintenance as set out in the Further Amended Application filed 9 September 2024 be dismissed.
AND THE COURT ORDERS BY CONSENT THAT:
2. All previous orders be and hereby are discharged.
3. Unless otherwise specified in these orders and, save for the purposes of enforcing any monies due under these or any subsequent Orders:
(a) each party shall be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these Orders;
(b) monies standing to the credit of the parties in any joint account shall be divided equally between the parties and thereafter the parties will do all things and sign all documents to close the account;
(c) each party shall forego any claims they may have to any superannuation, long service leave, redundancy, retirement and like benefits belonging to or earned by the other;
(d) each party shall forego any claims they may have to any monies residing in individual bank accounts belonging to the other;
(e) insurance policies shall remain the sole property of the owner named thereon;
(f) any joint tenancy of the parties in any real or personal property is hereby expressly severed;
(g) the Applicant will be solely liable for and indemnify the Respondent in relation to any liability in the Applicant’s sole name or encumbering any item of property to which the Applicant is entitled pursuant to these Orders; and
(h) the Respondent will be solely liable for and indemnify the Applicant in relation to any liability in the Respondent’s sole name or encumbering any item of property to which the Respondent is entitled pursuant to these Orders.
AND THE COURT NOTES THAT:
A. The parties understand that the default judgment against the Respondent in the Magistrates’ Court of Victoria Court (Court Reference …) still stands.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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