Pickering & Pickering

Case [2023] FedCFamC2F 1116


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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Details
AGLC
Pickering & Pickering [2023] FedCFamC2F 1116
Case
[2023] FedCFamC2F 1116
Decision Date

CaseChat Overview and Summary

In the matter of Pickering and Pickering, the Federal Circuit and Family Court of Australia was tasked with making final property orders and resolving various other family law issues between the parties. The applicant, Ms Pickering, sought arrears of an interim order, spousal maintenance, a lump sum for spousal maintenance, a child support departure order, and a lump sum for child support. The respondent, Mr Pickering, was not occupying the former matrimonial home, which was being retained by Ms Pickering. The parties had not enforced child support assessments, and the respondent was occupying the majority of the matrimonial pool pending final orders. The court was required to decide on the property settlement, spousal maintenance, and child support issues.

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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