FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Owens & Pratt (No 3) [2024] FedCFamC2F 1013
File number: MLC 1717 of 2023 Judgment of: JUDGE CHAMPION Date of judgment: 2 August 2024 Catchwords: FAMILY LAW – PARENTING – Where an order for joint decision-making is in the best interests of the children – Live with and spend time with orders – Where the court made an order for the children’s principal residence to be maintained in a defined area
FAMILY LAW – PROPERTY – Assessment of contributions adjustment under s. 75(2)
FAMILY LAW – SPOUSAL MAINTENANCE – Whether the wife is unable adequately to support herself – Amount of maintenance – Payment of maintenance as lump sum
Legislation: Evidence Act 1995 (Cth) s. 140
Family Law Act 1975 (Cth) ss. 4, 60B, 60CC, 61C, 61CA, 61D, 61DAA, 72, 74, 75, 77A, 79, 81, 114
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r. 10.13
Cases cited: Badir & Badir [2022] FedCFamC1A 109
Brown & Brown (2007) FLC 93-316
Candle & Falkner (2021) FLC 94-069
Clauson & Clauson (1995) FLC 92-595
Fannon & Salzer (No 2) [2024] FedCFamC2F 406
Gadhavi & Gadhavi (2023) 67 Fam LR 174; [2023] FedFamC1A 117
Garston & Yeo (No 2) [2019] FamCAFC 139
Hall v Hall (2016) 257 CLR 490; [2016] HCA 23
Hickey & Hickey & Attorney-General (Cth) (2003) FLC 93-143
In the Marriage of Bevan (1995) FLC 92-600
In the Marriage of Coghlan (2005) 193 FLR 9; [2005] FamCA 429
In the Marriage of Kowaliw (1981) FLC 91-02
In the Marriage of Mitchell and Mitchell (1995) FLC 92-601
In the marriage of Murkin (1980) FLC 90-806; [1980] FamCA 13
Kensit & Kensit [2022] FedCFamC1F 633
Keymer & Keymer [2020] FamCAFC 70
Line & Line (1997) FLC 92-729
Mallet v Mallet (1984) 156 CLR 605
Manifold & Alderton (2021) FLC 94-015; [2021] FamCAFC 61
Maroney & Maroney [2009] FamCAFC 45
McCall & Clark (2009) FLC 93-405
McCrossen & McCrossen (2006) FLC 93-283
Oberlin & Infeld (2021) FLC 94-017; [2021] FamCAFC 66
Omacini v Omacini [2005] FamCA 195
Oswald & Karrington [2016] FamCAFC 152
Palumbo & Mandel (2019) FLC 93-929,
Petrellis & Petrellis [2023] FedCFamC1A 104
Sampson v Hartnett (No 10) (2007) 215 FLR 155; [2007] FamCA 1365
Saxena & Saxena (2006) FLC 93-268; [2006] FamCA 588
Telford & Telford [2012] FamCA 995
Tibb v Sheehan (2018) 58 Fam LR 351; [2018] FamCAFC 142
Trevi & Trevi (Re-Exercise) [2019] FamCAFC 51
Waters v Jurek (1995) 126 FLR 311
Wilburn & Wilburn (2020) FLC 93-979
Division: Division 2 Family Law Number of paragraphs: 196 Date of last submissions: 18 July 2024 Date of hearing: 24–26 June 2024, 18 July 2024 Counsel for the Applicant: Mr Goddard Solicitor for the Applicant: Coulter Legal Counsel for the Respondent: Mr Turner Solicitor for the Respondent: RLG Legal & Associates
Table of Corrections 14 August 2024 Paragraphs 193–196 of the reasons for judgment were added to provide…
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- Owens & Pratt (No 3) [2024] FedCFamC2F 1013
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- [2024] FedCFamC2F 1013
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CaseChat Overview and Summary
Orders
Orders of the court
MLC 1717 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR OWENS
Applicant
AND:
MS PRATT
Respondent
ORDER MADE BY:
JUDGE CHAMPION
DATE OF ORDER:
2 AUGUST 2024
Orders amended pursuant to r. 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 14 August 2024
THE COURT ORDERS THAT:
Parenting
1. All previous parenting Orders be hereby discharged.
2. The parents shall have joint decision-making authority in respect of all major long-term issues as defined by s. 4(1) of the Family Law Act 1975 (Commonwealth) affecting the children X born in 2013 (X) and Y born in 2015 (Y) (collectively referred to as the children)
3. For the purpose of implementing Order 2, the form of consultation between the parents about making major long term decisions shall be:
(a) in writing;
(b) carried out in good faith;
(c) child-focused;
(d) non-derogatory; and
(e) conducted with the parents attending mediation or family dispute resolution in the event agreement cannot be reached.
Live with and spend time arrangements
4. The children live with the Mother.
5. The children spend time with the Husband while he remains a short haul transport worker as follows:
(a) during school terms in week one of a two weekly cycle:
(i) from the conclusion of school Monday on a school day or 3.30pm on a non-school day to the commencement of school Wednesday on a school day or to 9.00am on a non-school day;
(b) during school terms in week two of a two weekly cycle:
(i) from the conclusion of school Friday or 3.30pm on a non-school day to the commencement of school Monday on a school day or to 3.30 PM on a non-school day.
School term holidays
6. In default of agreement, the children spend time with the Father while he remains a short haul transport worker during school term holidays as follows:
(i) commencing immediately and until the conclusion of 2024, for five nights as may be agreed in writing and failing agreement for the first five nights from the conclusion of school on the last day of term until 4.00 PM on the fifth day;
(ii) commencing in 2025, for six nights as may be agreed in writing and failing agreement the first six nights from the conclusion of school on the last day of term until 4.00 PM on the sixth day;
(iii) commencing in 2026 and thereafter, for half of each of the school term holidays at times to be agreed between the Husband and Wife in writing and in default of agreement for the first half in 2024 and each alternate year thereafter and for the second half in 2025 and each alternate year thereafter.
Long summer holidays
7. In default of the agreement between the Mother and Father and subject to Order 19, during the long summer school holidays every second year commencing December 2024, the children spend time with the Husband:
(a) from 2.00pm on Christmas Eve until 2.00pm on Christmas Day;
(b) at times to be agreed between the Husband and Wife in writing; or,
(c) for five (5) nights in the second week and fourth weeks of the long summer holidays from 5.00pm Monday to 5.00pm Saturday and with the Husband 5.00pm Thursday to 5.00pm Saturday on the last weekend of the school holidays.
8. During the long summer school holidays every second year commencing December 2025, the children be permitted to spend a period of 14 nights from the commencement of the school holidays in Brisbane with the Mother and maternal family.
9. In the years that the children spend Christmas in Brisbane, the Father may elect and to spend time with the children on Christmas Eve and Christmas Day at times to be agreed between the parents, but in the absence of agreement:
(a) on Christmas Eve between 9am and 2pm, and on Christmas Day between 2pm and 7pm.
10. During the long summer school holidays every second year commencing December 2025, and for the purpose of Order 8, the children spend 2 periods of six (6) consecutive nights commencing in the third and fifth week of holidays on days to be agreed between the parents, but in the absence of agreement:
(a) from 9 January at 5pm to 15 January at 5pm, and from 19 January at 5pm until 25 January at 5pm.
11. For the purposes of calculating the school term holidays as provided for in Orders 7 to 10, the term school holiday periods commence from 5.00pm on the last day of school term and concludes at 5.00pm on the day prior to the commencement of the following school term.
Father commences work as a long-haul transport worker
12. That if the Husband commences employment as a long-haul transport worker, the children shall spend time with him as follows:
(a) During school terms, from the conclusion of school on the first Friday of each school term until the commencement of school the following Tuesday (or 3.30 PM if a non-school day) and each alternate week thereafter
(b) During school term holidays for five (5) consecutive nights as nominated in writing by the Husband at least 3 calendar months prior to the commencement of such school term holiday period and in default of such written nomination, the first 5 nights of such school holiday period commencing at the conclusion of school on the last day of term until 4.00 PM on the 6th day of such school holidays;
(c) During the long summer school holiday for 2 periods of five (5) nights and one (1) period of two (2) nights, at times to be agreed between the Husband and Wife in writing and in default of agreement:
(i) for five (5) nights in the second week and fourth weeks of the long summer holidays from 5.00pm Monday to 5.00pm Saturday;
(ii) and for two (2) nights on the final weekend of the long summer holidays from 5.00pm Friday to 5.00pm Sunday
(d) On the children's birthdays, if the children are not already in the Husband’s care as follows:
(i) On a school day from the conclusion of school to 7.30pm; and
(ii) On a non-school day from 10:00am to 2:00pm.
(e) From 2.00pm on Christmas Eve until 2.00pm on Christmas Day in even numbered years;
(f) From 9.00am to 2.00pm on Christmas Eve and from 2.00pm to 7.00pm on Christmas Day in odd numbered years.
13. The children shall spend such other times with the Husband as agreed between the parties in writing.
14. The Husband shall provide the Wife with two (2) month’s written notice of any change to the terms of his employment which would require him to undertake a role as a long-haul transport worker.
15. The Husband provide the Wife with a two (2) month’s written notice of any change to the terms of his employment to provide that he moves from long-haul transport worker to short haul transport worker.
Special Occasions
16. That if the children are in the care of the Mother the time be suspended and the children spend time with the Father as follows:
(a) If Father’s Day falls on a weekend when the children are spending time with the Mother, from 5:00pm on Saturday to 5:00pm on Father’s Day; and
(b) On the Father’s birthday from 3:30pm until 7:00pm; and
(c) On the Children’s birthdays from 3:30pm until 7:00pm on a school day; and
(d) On the Children’s birthdays from 10:00am until 2:00pm on a non-school day.
17. That if the children are in the care of the Father the time be suspended and the children spend time with the Mother as follows:
(a) If Mother’s Day falls on a weekend when the children are spending time with the Father, from 5:00pm on Saturday to 5:00pm on Mother’s Day; and
(b) On the Mother’s birthday from 3:30pm until 7:00pm; and
(c) On the Children’s birthdays from 3:30pm until 7:00pm on a school day; and
(d) On the Children’s birthdays from 10:00am until 2:00pm on a non-school day.
Changeovers
18. All changeovers that do not occur at school shall occur at a location as agreed between the Husband and Wife in writing and failing agreement, the Wife is to deliver the children to the Husband’s residence at the commencement of time and the Husband is to return the children to the Wife’s residence at the conclusion of time.
Travel
19. That the Husband and Wife be at liberty to take the children on a holiday of 14 nights duration as follows:
(a) With the Husband for 14 nights in odd numbered years in either one of the school term holidays or the long summer holidays on dates and times to be agreed between the Husband and Wife in writing and in default of agreement in the first term school holidays from the conclusion of school on the last day of term one (1) and for fourteen (14) nights thereafter ; and
(b) With the Wife for 14 nights in even numbered years in either one of the school term holidays or the long summer holidays on dates and times to be agreed between the Husband and Wife in writing and in default of agreement in the first term school holidays from the conclusion of school on the last day of term one (1) and for fourteen (14) nights thereafter.
Children’s Passports
20. The Mother shall retain the children's passports.
21. Upon the Father complying with Order 23 and 24 above below the Mother will release the children's passport/s to the Father.
22. The Father shall return the children’s passports to the Mother within 7 days of his return from travel.
23. Within 3 months from the date of these Orders, the parties will do all acts and things necessary and sign all documents necessary to apply for a new passport/s for the children. The Father shall pay the costs of applying for the passport and within 7 days of the passports issuing, the parents will do all acts and things necessary to deliver the passport/s to be held by the Mother.
24. Within eight (8) months prior to the children's passport/s expiring the parties will do all acts and things necessary and sign all documents necessary to apply for a new passport/s for the child. The Father shall pay the costs the costs of applying for the passport and within 7 days of the passports issuing, the parents will do all acts and things necessary to deliver the passport/s to be held by the Mother.
25. In the event that the father refuses to sign all necessary documents to obtain Australian passports or renewed passports for the children, pursuant to s.11 of the Australian Passports Act (Cth), the mother be hereby authorised to execute all documents necessary to obtain or renew an Australian passport for and on behalf of the children without requiring the consent of the father AND IT IS REQUESTED THAT the Department of Foreign Affairs and Trade forthwith issue an Australian passport for the children or either of them.
Overseas Travel
26. The Husband and Wife each be at liberty to travel with the children or either of them outside the Commonwealth of Australia with the prior written agreement of the other parent or without first obtaining the other parent's written consent on condition that the travelling parent must provide to the non-travelling parent the following by no later than 30 days prior to the planned travel occurring:
(a) an itinerary of intended flights;
(b) copy of a written Itinerary including but not limited to:
(i) arrival and departure dates for each stage of the travel;
(ii) names and contact details for all accommodation during the travel, if booked; and
(iii) contact details including telephone numbers and email addresses to facilitate communication (including real-time video communication) whilst travelling.
27. Unless otherwise provided for in these Orders, all and any domestic and international travel shall only occur during a period that the children are staying with the travelling party in accordance with these Orders and shall not occur during the school term, unless otherwise agreed in writing between the parties.
28. If travel is arranged to locations that require immunisation, then it is the responsibility of the traveling parent to organise these immunisations and copies of all immunisations must be supplied to the other parent.
29. That the children’s passports be retained by the Husband and provided to the Wife no less than 14 days prior to travel with the Wife to return the Passports to the Husband within seven (7) days of her return from overseas travel.
Communication
30. The Husband and Wife shall inform each other of any change of address, mobile number, or email address within 24 hours of such change.
31. That the children communicate with the Husband via telephone, FaceTime, or similar communication each Friday, Sunday and Wednesday during in school terms when they are not otherwise in his care and each Tuesday and Thursday in school holidays when they are not in his care between 6.00pm and 6.30pm with the husband to initiate the call to the children’s or the Wife’s mobile phone and the Wife to facilitate the children taking the call.
32. If the children are not able to communicate as provided for in paragraph 16 Order 31 herein due to their extracurricular or school activities, or due to the Husband’s work commitments, the communication will take place the following morning at 8.00am
33. Save for in an emergency when communication is to be by telephone or text, the Husband and Wife communicate with each other in relation to the children’s care welfare and development via such parenting App as agreed in writing between them in writing and in default of agreement via AppClose and for this purpose all messages are to be responded to in a timely and respectful manner.
Restraints
34. The Husband and Wife or their agents are restrained from, in the presence of the children:
(a) abusing, insulting, belittling, rebuking or otherwise denigrating the other parent; and
(b) discussing legal proceedings related to parenting or property matters.
Exchange of Information and medication
35. That the Husband and Wife keep the other informed in writing of:
(a) any significant health issues suffered by the children or either of them;
(b) any appointments with the children’s General Practitioner, Medical specialists, Dentist/s, allied health professionals or psychologists or family therapists; and
(c) any procedures or operations to be undertaken (prior to those procedures or operations being undertaken,) except in cases of emergency where the parent in whose care the child is in at the time of the emergency to inform the other parent as soon as practicable.
36. If either child is ill, the parent who has the care of the child/ren at that time shall advise the other parent as soon as practicable (but by no later than 24 hours) and supply all relevant information such as contact details of the doctor who saw the child in addition to the diagnosis and prognosis.
37. That each parent shall make available to the other parent any medications prescribed for the child/ren with the medication to be administered as directed by the prescriber when the child is living with the other parent.
Children’s medical and allied health treatment
38. That the Husband and Wife shall be at liberty to contact the children’s Medical practitioner/s, Dentist or allied health practitioners to discuss the child's treatment.
39. The Husband and Wife are hereby restrained from taking the children to any non-urgent, medical appointments or specialist appointments, dental appointments, allied health appointments (including counsellors, psychologists or other mental health professionals) or allow the child/ren to undergo any form of non-urgent specialist medical treatment without the mutual agreement of both parents in writing.
Education and school events and Extracurricular activities
40. The children are to attend such school/s as agreed between the Husband and Wife in writing.
41. The Husband and Wife are hereby restrained from ceasing the children’s enrolment at B School without agreement in writing between them both.
42. If the Husband and Wife are unable to reach agreement as to the school/s the children shall attend, they will attend at Dispute Resolution with an accredited dispute resolution Service in an effort to reach agreement as to the children’s education prior to making an Application to the Court.
43. The Husband and Wife each be at liberty to liaise directly with the children's school and sporting bodies to receive all necessary information about the children's progress, school notices, newsletters, school reports, school photographs and that each party be at liberty to contact the children's school to obtain copies of the children's artwork and school work, and the parties shall as far as practicable ensure that these are distributed between the parties as evenly as possible.
44. The Husband and Wife each be at liberty to attend all school-based events normally attended by parents and all extracurricular activities normally attended by parents.
45. The Husband and Wife are each hereby restrained from enrolling or committing the children to any activity during the other parent’s time without first obtaining the other parents written consent.
46. Both parties shall facilitate the children attending all prior agreed extra-curricular activities for the term of such enrolments, and if any classes or sessions are missed, the party with the care of the children at that time inform the other that this has occurred and provide reasons for its occurrence.
Children’s Belongings
47. At changeover, the Husband and Wife shall make available to the parent into whose care the children are moving, any clothing, shoes, toiletries, accessories, school books, iPads, laptops, sporting or musical equipment that the children may need when in the care of the other parent.
Children’s principal place of residence
48. The parents each be restrained from moving the children’s principal place of residence to a location more than 15km from C Venue while the children or either of them are attending B School.
49. In the event that neither child is attending B School, the parents each be restrained from moving the children’s principal place of residence to a location more than 25 km from D Venue while the Husband remains employed as a transport worker.
Family Dispute Resolution
50. That if the Husband and Wife are unable to reach decisions after consultation with each other about major long-term issues affecting the children, the following shall apply:
(a) The Husband and Wife shall attend Family Dispute Resolution with a private family dispute resolution practitioner at the equal shared expense of the parties to help them resolve their disputes with each other; and
(b) The Family Dispute Resolution Practitioner to be agreed upon between the parties and in the absence of agreement the parties to attend upon Ms E, Mediator or another qualified mediator from F Service.
(c) That the parties are to each participate in at least two sessions (two cross over sessions each) of the Family Dispute Resolution prior to the issuing of any Court Application relating to the issue in dispute.
Property Settlement
51. Pending settlement of the sale the of the real property situated at and known as G Street, Suburb H (Suburb H property):
(a) the Wife have the sole right to occupy the G Street property Suburb H property (“occupation”) and;
(b) during the occupation, the Husband pay all instalments pursuant to the mortgage and all rates, taxes and like apportionable outgoings of the G Street property Suburb H property as and when they fall due;
(c) the parties hold their respective interests in the real property upon trust pursuant to these orders; and
(d) neither party encumber the G Street property Suburb H property without the consent in writing of the other party.
52. The proceeds of sale of the Suburb H Property be applied as follows:
(a) Firstly, to pay all costs, commissions and expenses of the sale of the Suburb H property, including to ‘J Bank’;
(b) Secondly to discharge the mortgage secured by the Suburb H property and any other encumbrance affecting the Suburb H property;
(c) Thirdly the balance of $703,127 be applied as follows:
(i) $534,984 to the Wife less the following which be paid to the Husband:
A. the sum of $3,750.00 pursuant to Order 3 of the Orders made Her Honour Judge Parker on 28 November 2023 (being costs awarded to the Husband following the Wife’s Application for Review of the decision of Senior Judicial Registrar Kourtis on 26 October 2023;
B. The sum of $4,950.00 being the Wife’s half share of the preparation of the Family report by Ms K (total cost -$9900.00);
C. The sum of $2,100.00 being the Wife’s half share of the cost of Mediator Mr L (total fee - $4200.00);
D. the sum of $600.00 being the wife’s half share of the cost of room hire for the Mediation at M Centre (total cost $1,200.00); and
(ii) the balance to the Husband.
53. Unless otherwise provided for in these Orders, the Husband retain all his right title and interest, howsoever held, in the following:
(a) Monies on deposit in bank accounts in his name solely, including but not limited to accounts ending:
(i) NAB #...70;
(ii) ANZ #...73;
(iii) ANZ #...28;
(iv) N Bank #...85; and
(v) O Bank #...81.
(b) Shareholdings in the following:
(i) P Company;
(ii) Q Company;
(iii) R Company;
(iv) S (1) Company;
(v) S (2) Company; and
(vi) S (3) Company
(c) Bitcoin and any other cryptocurrency;
(d) Motor Vehicle 1 (Registration no. …);
(e) Super Fund 1 superannuation interest, subject to Order 57 herein; and
(f) any chattels in his name and not otherwise referred to in these Orders.
54. Unless otherwise provided for in these Orders, the Wife retain all her right title and her interest, howsoever held, in the following:
(a) Monies on deposit in bank accounts in her name, including but not limited to accounts ending:
(i) O Bank #...55;
(ii) O Bank #...24;
(iii) #...05; and
(iv) O Bank #...18.
(b) Shareholding in the following:
(i) T Company;
(ii) U Company;
(iii) V Company;
(iv) W Company;
(v) Z Company;
(vi) AA Company;
(vii) S (4) Company; and
(viii) S (5) Company.
(c) Motor Vehicle 2 (Registration no. …);
(d) Super Fund 2 Superannuation interest (member no. …); and
(e) Any chattels in her name and not otherwise referred to in these Orders.
Indemnity
55. The Husband bear liability and indemnify the Wife against all liabilities in his name howsoever arising, whether now or in the future, and whether jointly or severally with any other person or entity, including but not limited to:
(a) The Division 293 debt owed by the Husband to the Australian Taxation Office in the sum of approximately $24,882); and
(b) The BB Bank credit card debt (customer number #...84) in the sum of approximately $4,841.
56. The Wife bear liability for and indemnify the Husband against all liabilities that the Respondent may have in her name howsoever arising, whether now or in the future, and whether jointly or severally with any other person or entity including but not limited to her HECS/HELP debt in the sum of approximately $29,376.
Superannuation Splitting Orders
57. That Order 50 57 and its sub-clauses are binding on Super Fund 1 Limited as the Trustee (Trustee) of the Super Fund 1 Superannuation Plan (Fund):
(a) The base amount allocated to the Wife out of the interest of the Husband in the Fund (Member No. …) is $270,070;
(b) Pursuant to Section 90XT(1)(a) of the Family Law Act 1975 (Cth), whenever the Trustee of the Fund makes a splitable payment from the interest held by the Husband in the Fund, the Trustee shall pay to the Wife, or her legal representative, the entitlement which is calculated in accordance with Part 6 of the Family Law (Superannuation) Regulations 2001, and there shall be a corresponding reduction in the entitlement the Husband would have had in the Fund but for these Orders;
(c) The operative time for these Orders 50 57(a) and 50 57(b) shall be the beginning of the fourth business day after the day on which a sealed certified copy of these Orders is served on the Trustee; and
(d) The Trustee, the Husband and the Wife, in accordance with the obligations set out and the Family Law (Superannuation) Regulations 2001, shall do all such acts and things and sign all such documents as may be necessary to calculate the entitlement of, and make payment to, the Wife in accordance with Order 50(b) of these Orders.
58. That until the happening of any of:
(a) The establishment of a separate account in the name of the Wife in the Fund; or
(b) The transfer or "rolling over" into another superannuation fund of the payment split which was created by Order 50 57(b) of these Orders; or
(c) The Wife satisfying a condition of release and is paid the payment split which was created by Order 50 57(b) of these Orders; or
(d) The Wife executing a waiver of rights within the meaning of Section 90XZA of the Family Law Act 1975 in relation to the payment split created by Order 50 57(b) of these Orders;
(e) The Husband be and is hereby restrained by himself, his servants or agents from executing a Death Benefit Nomination in favour of any person or doing any other act or thing which would render any part of his interest in Super Fund 3 a "non-splitable payment" within the meaning of Regulation 12 or 13 of the Family Law (Superannuation) Regulations 2001.
Miscellaneous
59. Unless otherwise specified in these Orders and except for the purpose of enforcing the payment of any moneys due under these or any subsequent Orders:
(a) Each party be solely entitled to, to the exclusion of the other, all other property (including choses-in-action) in the possession of such party as at this date;
(b) Moneys standing to the credit of the Husband in any bank account in his name alone are to become the property of the Husband;
(c) Moneys standing to the credit of the Wife in any bank account in her name alone are to become the property of the Wife;
(d) Each party hereby foregoes any claim they may have to any superannuation benefits belonging to or earned by the other;
(e) All insurance policies to become the sole property of the owner named therein;
(f) Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these Orders; and
(g) Any joint tenancy of the parties in any real or personal estate is hereby expressly severed.
Spousal maintenance
60. Contemporaneously with the application of the proceeds of sale of the Suburb H property under Order 52 above, the Husband pay to the Wife a lump sum in the amount of $62,400 (Spousal Maintenance Payment) and the Husband will make the Spousal Maintenance Payment:
(a) under s. 77A of the Family Law Act 1975 (Cth) and this order is an order to which s. 77A applies;
(b) for the purpose of making provision for the maintenance of the Wife; and
(c) all of the Spousal Maintenance Payment is attributable to the provision of maintenance for the Wife.
Costs
61. Save as to costs, all extant applications are dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (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.
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