FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Park & Park [2024] FedCFamC2F 1817
File number(s): ADC 4025 of 2024 Judgment of: JUDGE DICKSON Date of judgment: 20 December 2024 Catchwords: FAMILY LAW – FINANCIAL – Interim proceedings – Where both parties seek sole use and occupancy of the former matrimonial home – Where the applicant wife seeks further interim orders for lump sum interim spousal maintenance, a partial property settlement and injunctive relief – Where the respondent husband broadly opposes the wife’s application but makes a counter proposal for financial support – Orders for lump sum interim spousal maintenance of $35,000 in favour of the applicant wife – Orders for a partial property settlement of $35,000 in favour of the applicant wife – Orders for the respondent husband to have sole use and occupancy of the former matrimonial home until final orders can be made. Legislation: Family Law Act 1975 (Cth) ss 74, 79, 79A, 114.
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 8.18, 12.06.
Cases cited: Bevan & Bevan (1995) FLC 92-600
Fewster & Drake (2016) FLC 93-745
Gabel & Yardley [2008] FamCAFC 162
Hall & Hall (2016) FLC 93-709
Maroney & Maroney [2009] FamCAFC 45
Pirani & Pirani (No 3) [2023] FedCFamC1F 561
Sresbodan & Sresbodan [2013] FamCA 480
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466
Valentini & Valentini [2024] FedCFamC1F 602
Division: Division 2 Family Law Number of paragraphs: 79 Date of hearing: 3 December 2024 Place: Adelaide Counsel for the Applicant: T. Hume Solicitor for the Applicant: Eastern Legal Counsel for the Respondent: T. Lewis SC Solicitor for the Respondent: Norman Waterhouse Lawyers ORDERS
ADC 4025 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS PARK
Applicant
AND: MR PARK
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
20 DECEMBER 2024
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
1.Pursuant to section 74(1) of the Family Law Act 1975 (Cth), the Respondent Husband do pay to the Applicant Wife by way of lump sum interim spousal maintenance, the sum of THIRTY-FIVE THOUSAND DOLLARS, with such sum to be paid to the Applicant Wife’s nominated bank account by no later than 4.00pm on 23 December 2024.
2.Pursuant to section 79 of the Family Law Act 1975 (Cth), the Respondent Husband do pay to the Applicant Wife by way of partial property settlement, the sum of THIRTY-FIVE THOUSAND DOLLARS, with such sum to be paid to the Applicant Wife’s nominated bank account by no later than 4.00pm on 23 December 2024.
3.The Respondent Husband shall have sole use and occupation of the property situate at 1 B Street, Town D in the State of South Australia (‘the Town D property’).
4.Within fourteen (14) days of the date hereof, the Applicant Wife shall provide to the Respondent Husband a list of her personal effects, clothing and any employment related materials that she seeks be returned to her from the Town D property.
5.Within fourteen (14)…
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- Case
- [2024] FedCFamC2F 1817
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CaseChat Overview and Summary
The court considered the principles of interim financial orders under the Family Law Act 1975, focusing on the needs of both parties and the principle of equality. It assessed the financial positions of the applicant and the respondent, their contributions to the relationship, and the necessity for the applicant to maintain her standard of living while the case proceeded. The court also weighed the need for both parties to maintain a stable living arrangement pending the final determination of the case.
The court ordered that Mr Park pay Ms Park $35,000 as lump sum interim spousal maintenance and a further $35,000 as a partial property settlement. The court further ordered that Mr Park have sole use and occupancy of the former matrimonial home at 1 B Street, Town D, until final orders could be made. The court dismissed all other interim financial applications and directed Ms Park to provide a list of her personal effects for removal from the property within 14 days, with the cost of removal to be borne by Mr Park.
The court's orders were that Mr Park was to pay the specified sums to Ms Park by 4.00pm on 23 December 2024 and that he was to provide the agreed list of items to Ms Park within 28 days of the order. The court also directed that Ms Park’s affidavit filed on 22 November 2024 be uplifted from the Court file.
Orders
Orders of the court
ADC 4025 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS PARK
Applicant
AND:
MR PARK
Respondent
ORDER MADE BY:
JUDGE DICKSON
DATE OF ORDER:
20 DECEMBER 2024
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
1. Pursuant to section 74(1) of the Family Law Act 1975 (Cth), the Respondent Husband do pay to the Applicant Wife by way of lump sum interim spousal maintenance, the sum of THIRTY-FIVE THOUSAND DOLLARS, with such sum to be paid to the Applicant Wife’s nominated bank account by no later than 4.00pm on 23 December 2024.
2. Pursuant to section 79 of the Family Law Act 1975 (Cth), the Respondent Husband do pay to the Applicant Wife by way of partial property settlement, the sum of THIRTY-FIVE THOUSAND DOLLARS, with such sum to be paid to the Applicant Wife’s nominated bank account by no later than 4.00pm on 23 December 2024.
3. The Respondent Husband shall have sole use and occupation of the property situate at 1 B Street, Town D in the State of South Australia (‘the Town D property’).
4. Within fourteen (14) days of the date hereof, the Applicant Wife shall provide to the Respondent Husband a list of her personal effects, clothing and any employment related materials that she seeks be returned to her from the Town D property.
5. Within fourteen (14) days thereafter, the Respondent Husband shall at his sole expense cause the agreed list of items referred to in paragraph 4 herein, to be delivered to the Applicant Wife by way of an independent removalist and with the cost of such removalist to be borne solely by the Respondent Husband.
6. The Applicant Wife’s affidavit filed 22 November 2024 is hereby uplifted and removed from the Court file.
7. All interim financial applications are hereby dismissed.
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (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.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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