FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Pirani & Pirani (No 3) [2023] FedCFamC1F 561
File number(s): SYC 3987 of 2023 Judgment of: CAMPTON J Date of judgment: 7 July 2023 Catchwords: FAMILY LAW – INTERIM PROPERTY AND SPOUSAL MAINTENANCE – Determination of a number of interim applications of both the husband and wife as to interim or partial property distribution, litigation funding and spousal maintenance – Where the wife seeks that the husband pay $1 million by way of litigation funding, $150,000 by way of either interim or partial property settlement or lump sum spousal maintenance and $4,924 per week by way of interim spouse maintenance – Orders made broadly as sought by the wife, save that the quantum of the litigation funding be $450,000 and of weekly maintenance be $3,500 per week. Legislation: Child Support (Assessment) Act 1989 (Cth) s 139
Family Law Act 1975 (Cth) (“the Act”) ss 72, 75, 79, 80, 117
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Pt 8, ch 6, ch 11, r 1.33
Cases cited: Bevan and Bevan (1995) FLC 92-600; [1995] FamCA 95
Bing and Bing (2007) FLC 93-318; [2007] FamCA 418
Hall v Hall (2016) 257 CLR 490; [2016] HCA 23
Marchant & Marchant (2012) FLC 93-520; [2012] FamCAFC 181
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Mitchell and Mitchell (1995) FLC 92-601; [1995] FamCA 32
Paris King Investments Pty Ltd v Rayhill [2006] NSWSC 578
Salvage & Fosse (2020) FLC 93-966; [2020] FamCAFC 144
Stanford & Stanford (2012) 247 CLR 108; [2012] HCA 52
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466; [2009] FamCAFC 166
Swift & Swift [2020] FamCA 991
Weir and Weir (1993) FLC 92-338; [1992] FamCA 69
Zschokke and Zschokke (1996) FLC 92-693; [1996] FamCA 79
Division: Division 1 First Instance Number of paragraphs: 115 Date of hearing: 30 June 2023 Place: Sydney Counsel for the Applicant: Mr Hedges SC Solicitor for the Applicant: New South Lawyers Counsel for the First Respondent: Mr Kearney SC Solicitor for the First Respondent: Barkus Doolan Winning Family Lawyers The Second, Third, Fourth, Fifth and Sixth Respondents: Did not participate ORDERS
SYC 3987 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS PIRANI
Applicant
AND: MR PIRANI
First Respondent
B PTY LTD
Second Respondent
C PTY LTD (and others named in the Schedule)
Third Respondent
order made by:
CAMPTON J
DATE OF ORDER:
7 July 2023
THE COURT NOTES THAT:
A.For the purpose of these orders, “the children” means:
(a)X born 2013;
(b)Y born 2015; and
(c)Z born 2018.
B.The husband agrees to pay periodic child support to the wife for the children in the sum of $500 per week to be deposited into a bank account as nominated by the wife’s solicitors in writing.
C.The husband agrees to pay by way of non-periodic children support for the children the following expenses as and when they fall due:
(a)100 per cent of all school…
Continue reading Pirani & Pirani (No 3)
Sign in free to access the full text
- AGLC
- Pirani & Pirani (No 3) [2023] FedCFamC1F 561
- Case
- [2023] FedCFamC1F 561
- Decision Date
CaseChat Overview and Summary
The court considered the wife's evidence that she had been a homemaker and had contributed to the relationship by improving the husband's and the B Group's image and reputation. The court found that an order for the husband to pay the wife $3,500 per week by way of periodic spousal maintenance was proper, based on the wife's role in the relationship and the husband's financial means. The court also considered the husband's evidence that he had drawn down on a directors' loan to pay the wife and had ongoing expenses related to the Suburb G property.
In conclusion, the court found that the wife's claim for periodic spousal maintenance was justified and ordered the husband to pay the wife $3,500 per week. The court also considered the parties' financial circumstances since separation, including the husband's evidence of payments made to the wife and ongoing expenses related to the Suburb G property. The wife's evidence of threats made by the husband and the seizure of cash by the New South Wales Crime Commission were also considered in the context of the overall property settlement.
The final orders of the court are set out at the forefront of the judgment.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The wife gives evidence, not put into issue by the husband in his affidavit, that during the marriage she received a wage of $10,000 per month from the B Group, accessed from the husband cash on request of between $5,000 to $10,000 per week and had all but unlimited use of the husband’s credit card. Events and financial circumstances since separation As recorded above, the parties separated in either January or February 2023. The husband said that he perceives the wife returning to Australia with the children in January 2023 as “her kidnapping of the children” (at paragraph 14 of his affidavit). The wife says she left Country P with the children in anticipation of them recommencing school in Australia. She contends that separation occurred in mid-February 2023. The husband has resided in Country P since late 2022. His affidavit evidence foreshadows that he will remain in Country P in the immediate future, and implies that the children will continue to live with the wife in Australia. He said that he seeks to spend time with the children, including in Country P (at paragraph 14 of his affidavit). The husband’s evidence at paragraph 50 of his affidavit is that he drew down on a directors’ loan made to him from B Pty Ltd (the second respondent) to pay the wife:(a)A total of $559,230 from 15 November 2022 until 9 May 2023, being an average of approximately $22,369 per week; and(b)$20,000 by way of urgent spouse maintenance pursuant to an order made on 14 June 2023. The husband’s Case Outline records that he said he has also paid significant ongoing expenses in relation to the Suburb G property, including mortgage repayments and utilities in the sum of $7,385 each week. The parties are in dispute as to the fact, value and possession of funds held in cash in a safe in Country P and in a safe in the home at Suburb G. The wife’s affidavit records that in early 2023 a warrant was executed by the New South Wales Crime Commission for a search of the Suburb G property, and that $250,000 was seized on that day. This cash remains held by the Crime Commission. The wife gives evidence in her affidavit that since separation the husband has caused her to be followed by up to 10 men, to be photographed by a private investigator and as to he then sending her electronic communications threatening to “kill” her and that he will “steal” the children. She says on Easter Sunday the husband threatened to get people to take the children away from her and bring them to him in Country P. She says that he threatened to lock her and the children out of the Suburb G property unless she apologised and “stop[ped] this nonsense”. In early 2023, the wife drove the children in Motor Vehicle 1 to a local shopping centre. She said that while there, she received an email from the human resources manager of the B Group advising that Motor Vehicle 1 was “owned by the company” and was required to be returned within an hour of the wife receiving the email. The wife said she returned to look for Motor Vehicle 1 in the shopping centre and could not find it. She reported the motor vehicle as missing to the police. Her affidavit then records:90. [In mid-2023], I received a voice message from [the husband]. During the course of that message he said [I have deposed to what I regard as the most relevant parts of the message in this context] the following :[Mr Pirani]: "of course I want to take the car… I did that. .. because of what you did to me. .. you don't understand jack shit ... call me back send me the fucking contract between you and him [Mr RR] and tell me how much he owes you because he is going to fuck you with a big bill you fucking slut".