FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Pickering & Pickering [2023] FedCFamC2F 1116
File number(s): MLC 3557 of 2019 Judgment of: JUDGE O'SHANNESSY Date of judgment: 28 August 2023 Catchwords: FAMILY LAW – final property orders – interim applications not heard and consolidated with final hearing – arrears of interim order sought- spousal maintenance – lump sum spousal maintenance sought – child support departure order – lump sum child support sought – one party seeks to retain former matrimonial – estimate of days for final hearing exceeded – child support assessments not enforced – one party occupying the bulk of matrimonial pool pending final orders – draft orders provided. Legislation: Child Support (Assessment) Act 1989 (Cth) ss 112, 114, 116, 117, 123A
Child Support (Registration and Collection) Act 1988
Evidence Act 1995 (Cth), s 140
Family Law Act 1975 (Cth), ss 72, 74, 75, 79, 80, 102NA, 117
Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021
Cases cited: Adamson & Adamson (2014) FLC 93-622
Badir & Badir [2022] FedCFamC1A 109
Benson & Drury (2020) FLC 93-998
Bevan & Bevan (1995) FLC 92-600, 19 FamLR 35
Clauson & Clauson (1995) FLC 92-595
Fooks & Clark (2004) FLC 93-183
Fox v Percy (2003) 214 CLR 118
Hickey and Hickey and the Attorney-General [2003] FamCA 395; (2003) FLC 93-143
Hobson v Hobson (2020) 61 Fam LR 557, [2020] FamCAFC 251
Kennon v Kennon [1997] FamCA 27; [1997] FLC 92-757
Kensit & Kensit [2022] FedCFamC1F 633
Keskin & Keskin and Anor [2019] FamCAFC 236; (2019) FLC 93-932
Langford & Coleman (1993) FLC 92-346
Lovine & Connor (2012) FLC 93-515
Rosati v Rosati (1998) FLC 92-804
Stanford v Stanford [2012] HCA 52; (2012) FLC 93-518
Varnham & Moses (2021) FLC 94-007
Wallis & Manning (2017) FLC 93-759
Wayne & Wayne [2010] FamCAFC 33
Yunghanns & Ors (1999) FLC 92-836
Zubcic & Zubcic (2019) FLC 93-918
Division: Division 2 Family Law Number of paragraphs: 263 Date of last submission/s: 25 May 2022 Date of hearing: 28, 29 & 30 April 2021, 10 & 11 June 2021, 3 & 4 May 2022 Place: Melbourne Counsel for the Applicant: Mr D. Carne Solicitor for the Applicant: Sayer Jones Counsel for the Respondent: Mr D. Cash Solicitor for the Respondent: Ian Brooks ORDERS
MLC 3557 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS PICKERING
Applicant
AND: MR PICKERING
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
28 AUGUST 2023
THE COURT ORDERS THAT:
1.A copy of the draft final orders be sent to the parties this day together with reasons for Judgment.
2.The matter be adjourned for hearing at the Federal Circuit and Family Court of Australia on Thursday, 31 August 2023 at 10am to be conducted via Microsoft Teams.
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…
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CaseChat Overview and Summary
The legal issues before the court included the proper method of calculating and enforcing spousal and child support payments, the distribution of the matrimonial assets, and the appropriate orders for the final hearing. The court considered the evidence presented by both parties and the relevant statutory provisions, including sections 90SM and 90SL of the Family Law Act 1975 (Cth). The court found that the parties had not adhered to the interim orders, and the child support assessments had not been enforced. The court also noted that Ms Pickering was occupying the majority of the matrimonial pool pending final orders.
The court concluded that the parties should receive draft final orders, which included provisions for property settlement, spousal maintenance, and child support. The court ordered that a copy of the draft final orders be sent to the parties and that the matter be adjourned for hearing on 31 August 2023. The form of the order was subject to the entry in the Court’s records, and the reasons for judgment were provided. The court also noted that this copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors or to record a variation to the order.
Orders
Orders of the court
MLC 3557 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS PICKERING
Applicant
AND:
MR PICKERING
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
28 AUGUST 2023
THE COURT ORDERS THAT:
1. A copy of the draft final orders be sent to the parties this day together with reasons for Judgment.
2. The matter be adjourned for hearing at the Federal Circuit and Family Court of Australia on Thursday, 31 August 2023 at 10am to be conducted via Microsoft Teams.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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