Neville and Neville

In *Neville & Neville*, the Family Court of Australia considered an application by Mr Neville to vary or set aside interim consent orders made by a registrar on 23 August 2011. These orders, made at a conciliation conference, required Mr Neville to continue servicing the mortgage on the former matrimonial home pending its sale. The dispute arose because Mr Neville sought to vary these orders, requesting a monthly contribution from Mrs Neville towards living costs and a contribution from her savings to cover a shortfall in mortgage payments.

The central legal issue before the court was whether there had been a material change in circumstances since the consent orders were made on 23 August 2011 that would justify varying them. The court also considered an application for costs, including whether to depart from the usual principle that parties bear their own costs and whether to award indemnity costs.

Justice Cronin determined that Mr Neville's application was not a review of the registrar's decision but an attempt to vary the existing orders. He found no substantial change in circumstances between the making of the consent orders and the filing of Mr Neville's application. Mr Neville's financial difficulties, including his voluntary decision to pay a substantial amount towards his credit card debt, were not considered a sufficient change to warrant varying the orders, especially given the imminent sale of the matrimonial home and the short period between the orders and the settlement. The court noted the significant disparity in the parties' incomes, with Mr Neville earning approximately five times that of Mrs Neville.

Consequently, the court dismissed Mr Neville's application. Regarding costs, Justice Cronin found that Mr Neville had been wholly unsuccessful and that his application was ill-advised, justifying a departure from the usual costs rule. While not awarding indemnity costs, the court fixed Mrs Neville's costs at $5,100, to be paid from the proceeds of the sale of the former matrimonial home, debited from Mr Neville's ultimate share.