FAMILY COURT OF AUSTRALIA
Notaras & Notaras [2021] FamCA 527
File number(s): SYC 2434 of 2021 Judgment of: ALTOBELLI J Date of judgment: 20 July 2021 Catchwords: FAMILY LAW – INTERIM SPOUSAL MAINTENANCE – exclusive occupation – where one party has been the sole income earner since separation – whether the parties remain separated under one roof living with the children of the relationship – capacity to engage in employment in a COVID-19 affected economy – assessment of need – spousal maintenance ordered – costs reserved. Legislation: Evidence Act 1995 (Cth) s 135
Family Law Act 1975 (Cth) ss 72, 74 and 75
Cases cited: Naylen & Naylen [2021] FamCA 392 Number of paragraphs: 39 Date of last submission/s: 28 June 2021 Date of hearing: 28 June 2021 Place: Sydney Counsel for the Applicant: Mr Dura Solicitor for the Applicant: Unified Lawyers Counsel for the First Respondent: Mr Coleman SC Solicitor for the First Respondent: Lionheart Lawyers The Second Respondent: No appearance Solicitor for the Second Respondent James Papas Solicitors ORDERS
SYC 2434 of 2021 BETWEEN: MR NOTARAS
Applicant
AND: MS NOTARAS
First Respondent
MR WINGATE
Second Respondent
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
20 JULY 2021
THE COURT ORDERS THAT:
1.The wife’s application insofar as it relates to exclusive occupation of the property at B Street, Suburb C NSW ("the Suburb C Property") is dismissed.
2.The wife’s application insofar as it seeks an interim distribution of funds is dismissed.
3.By way of interim spousal maintenance, the Respondent husband pay to the Applicant wife the sum of $421 per week to be paid to an account nominated by the wife with the first payment to be made 14 days from the date of this order.
4.Until further order, the husband be solely responsible, to the exclusion of the wife, for all costs associated with the Suburb C Property, including but not limited to mortgage repayments, council rates, insurances and utility bills.
5.Until further order, the wife be restrained from withdrawing, transferring or otherwise accessing any funds from any account held by D Pty Ltd.
6.On a without admissions basis and until further order, both parties be restrained from denigrating or harassing the other.
7.Each party’s costs of the interim applications before me be reserved.
8.The matter be referred back to the Docket Registrar for further case management.
IT IS NOTED THAT:
The husband agreed to meet the repayments referred to in order 4 herein.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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Notaras & Notaras has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act
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- Notaras & Notaras [2021] FamCA 527
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- [2021] FamCA 527
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CaseChat Overview and Summary
The court was required to determine several issues, including whether to grant the wife exclusive occupation of the former matrimonial home, the wife's entitlement to interim spousal maintenance and payment of all expenses associated with the home, and interim financial provision for unspecified purposes. Additionally, the court had to consider various injunctive relief sought by both parties, including restrictions on accessing funds from corporate entities and restraining the parties from denigrating or harassing each other. The question of costs for the interim applications was also before the court.
Altobelli J dismissed the wife's application for exclusive occupation of the property and for an interim distribution of funds. However, by way of interim spousal maintenance, the husband was ordered to pay the wife $421 per week. The husband was also ordered to be solely responsible for all costs associated with the former matrimonial home, including mortgage repayments, council rates, insurances, and utility bills. The wife was restrained from accessing funds from any account held by D Pty Ltd, and both parties were restrained, on a without admissions basis, from denigrating or harassing each other. The costs of the interim applications were reserved, and the matter was referred back to the Docket Registrar for further case management.
Orders
Orders of the court
SYC 2434 of 2021
BETWEEN:
MR NOTARAS
Applicant
AND:
MS NOTARAS
First Respondent
MR WINGATE
Second Respondent
ORDER MADE BY:
ALTOBELLI J
DATE OF ORDER:
20 JULY 2021
THE COURT ORDERS THAT:
1. The wife’s application insofar as it relates to exclusive occupation of the property at B Street, Suburb C NSW ("the Suburb C Property") is dismissed.
2. The wife’s application insofar as it seeks an interim distribution of funds is dismissed.
3. By way of interim spousal maintenance, the Respondent husband pay to the Applicant wife the sum of $421 per week to be paid to an account nominated by the wife with the first payment to be made 14 days from the date of this order.
4. Until further order, the husband be solely responsible, to the exclusion of the wife, for all costs associated with the Suburb C Property, including but not limited to mortgage repayments, council rates, insurances and utility bills.
5. Until further order, the wife be restrained from withdrawing, transferring or otherwise accessing any funds from any account held by D Pty Ltd.
6. On a without admissions basis and until further order, both parties be restrained from denigrating or harassing the other.
7. Each party’s costs of the interim applications before me be reserved.
8. The matter be referred back to the Docket Registrar for further case management.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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