FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Needham & Shao (No 3) [2023] FedCFamC1F 388
File number(s): SYC 5643 of 2020 Judgment of: ALTOBELLI J Date of judgment: 19 May 2023 Catchwords: FAMILY LAW – PARENTING – Where the mother seeks for the child to spend less time with the father – Where the mother seeks for the child’s time with the father to be supervised – Where the mother alleges physical abuse by the father – Where father seeks more time with the child for a special occasion – Finding that the facts do not justify varying current parenting orders.
FAMILY LAW – SPOUSAL MAINTENANCE – Where the mother seeks increased spousal maintenance – Where the mother has a need for spousal maintenance and the father has capacity to pay – The amount of spousal maintenance is increased.
Legislation: Family Law Act 1975 (Cth) ss 72, 74, 75 Cases cited: Hall v Hall (2016) 257 CLR 490; [2016] HCA 23
Huffman & Gorman [2015] FamCA 317
Jelbart & Ganzer [2018] FCCA 1771
Needham & Shao (No 2) [2023] FedCFamC1F 326
Needham & Shao [2021] FamCA 576
Needham & Shao [2022] FedcFamC1F 914
Orwell & Watson [2008] FamCAFC 62
Pilot & Silver [2022] FedCFamC1A 191
Redmond & Redmond [2014] FamCAFC 155
MS & PS (2006) FLC 93-268; [2006] FamCA 588
W and W (Abuse allegations: unacceptable risk) (2005) FLC 93-235; [2005] FamCA 892
Division: Division 1 First Instance Number of paragraphs: 56 Date of hearing: 8 May 2023 Place: Sydney Solicitor for the Applicant: Swifte Law Solicitor for the Respondent: Litigant in person Solicitor for the Independent Children's Lawyer: Legal Aid NSW ORDERS
SYC 5643 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS SHAO
Applicant
AND: MR NEEDHAM
Respondent
INDEPENDENT CHILDREN'S LAWYER
order made by:
ALTOBELLI J
DATE OF ORDER:
19 MAY 2023
THE COURT ORDERS THAT:
1.The parenting orders sought by the Applicant mother (“the mother”) in her Amended Application in a Proceeding filed 5 May 2023 are dismissed.
2.The parenting orders sought by the Respondent father (“the father”) in his Response to an Application in a Proceeding filed 17 April 2023 are dismissed.
3.Pending further order, the father shall pay to the mother the sum of $956 net per week by way of spousal maintenance into a bank account nominated by the mother on Monday 22 May 2023 and thereafter the payments shall be made to the mother each Thursday.
Trial directions
4.By no later than 4pm on 22 July 2023, each party file and serve a single consolidated updating affidavit.
5.By no later than 4pm on 22 July, each party file and serve an updated Financial Statement.
6.By no later than 4pm on 25 July 2023, the parties shall have conferred, settled and forwarded to my Associate in electronic form a joint trial plan which allows for the trial to be completed within four days.
7.By no later than 4pm on 25 July 2023, the mother and the father…
Continue reading Needham & Shao (No 3)
Sign in free to access the full text
- AGLC
- Needham & Shao (No 3) [2023] FedCFamC1F 388
- Case
- [2023] FedCFamC1F 388
- Decision Date
CaseChat Overview and Summary
In its reasoning, the court placed significant weight on the expert evidence provided by Mr. S, a clinical psychologist, whose report dated 7 April 2021 was the only objective and independent expert evidence available. Despite the incomplete cross-examination of Mr. S, the court found his observations on the cyclic nature of the parents' conflict and its impact on the child to be highly pertinent. The court acknowledged the high-conflict dynamics between the parents and their potential to escalate, which was reflected in the evidence and had implications for the child's welfare. The court also considered the mother's application for spousal maintenance under section 72 of the Family Law Act 1975 (Cth), determining whether she satisfied the gateway requirements for such an application.
Ultimately, the court decided that the existing parenting orders, which provided for the child to live with the father on weekends and otherwise with the mother, should remain unchanged. The court found that the mother had not demonstrated that a change in the parenting arrangements was necessary to protect the child from harm, given the high-conflict nature of the parents' relationship. The court also concluded that the mother had not met the threshold for spousal maintenance, as she had not established that she was unable to support herself adequately due to the factors outlined in section 72(1) of the Act. Consequently, the court dismissed the mother's application for spousal maintenance.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.