PAPPAS & PAPPAS

[2018] FamCA 297

FAMILY COURT OF AUSTRALIA

PAPPAS & PAPPAS [2018] FamCA 297

FAMILY LAW – PROPERTY – Interim – Where the wife seeks interim costs and partial property settlement – Where the husband seeks funds from a controlled monies account to be directed to the payment of capital gains tax – Where the wife seeks for the mortgage over a jointly owned property to be discharged and the husband opposes that order – Where there is no current assessment of capital gains tax – Court finds that making orders in relation to payment of capital gains tax would be premature – Order made establishing a mechanism for regular mortgage repayment – Order made for both parties to receive a payment from the controlled monies account – Order made for the wife to receive a partial property settlement

APPLICANT: Ms Pappas

RESPONDENT: Mr Pappas

FILE NUMBER: SYC 7631 of 2016

DATE DELIVERED: 8 May 2018

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Stevenson J

HEARING DATE: 23 April 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Eldershaw

SOLICITOR FOR THE APPLICANT: York Law

COUNSEL FOR THE RESPONDENT: Mr Cook

SOLICITOR FOR THE RESPONDENT: Anderson Lawyers

Orders

By consent it is ordered that:

1. Order 8 made on 5 December 2016 is discharged.

2. Within 14 days, the parties do all acts and things to establish an offset

   
   

   account to operate in conjunction with the home loan account for a

   
   

   property owned jointly by the parties at F Street, Suburb D with the CBA (Loan Account BSB …;  No….05), such account to be operated on the signatures of both parties or by further order of the Court and each party shall be restrained from operating upon, or drawing down on such account except with the express written consent and co-signature of the other party or Court order (“Offset Account”) or for the purpose of making loan repayments as and when they fall due.

3. Within 14 days of the date of these orders, the parties will do all acts and

   
   

   things to cause the whole of the balance of NAB Account BSB … Account …45 to be transferred to the abovementioned Offset Account.

It is further ordered that:

1. Within 14 days of the date of these orders, a sum equal to the arrears owing in respect of the Commonwealth Bank of Australia mortgage on the title to the Suburb D property in an amount of approximately $14,000 will be transferred from a Controlled Monies Account held in the name of York Law Family Law Specialists P/L and ITF Mr Pappas and Ms Pappas, be transferred to the Offset Account.

2. Time for the husband to comply with orders and directions of Senior Registrar Campbell on 12 February 2018 is extended to a date 14 days from the date of these Orders as to the filing and service of an Undertaking as to Disclosure and provision of an inventory of antiques and artworks and furniture in the possession, custody or control of the husband (whether owned by the husband…