FAMILY COURT OF AUSTRALIA
| RAMAN & RAMAN | [2018] FamCA 871 |
| FAMILY LAW – PROPERTY – Interim application – Where the wife seeks that orders be made for spousal maintenance – Where the wife seeks that orders be made for an interim property distribution in her favour – Where, in the alternative to an interim distribution, the wife seeks a dollar for dollar order in respect to legal costs – Where the husband seeks that orders be made for the sale of the parties’ former matrimonial home with a subsequent interim distribution to the wife – Where the husband is the primary financial contributor – Where the wife is the homemaker and primary carer for the parties’ children – Where the Court finds that the wife cannot reasonably support herself –Where the Court finds that the husband has financial resources which enable him to pay spousal maintenance – Where the Court finds that the wife cannot adequately fund her litigation – Where the Court considers it proper to make a dollar for dollar order – Orders made for spousal maintenance – Dollar for dollar order made. |
| Evidence Act 1995 (Cth) s. 140 Family Law Rules 2004 rr. 4.15, 13.01, 13.04 |
| Atkins & Hunt (2018) 57 Fam LR 128 Briese and Briese (1986) FLC 91-713 Brown & Brown (2007) FLC 93-316 Drysdale & Drysdale [2011] FamCAFC 85 Edgar & Strofield [2016] FamCAFC 93 Graf-Salzmann and Graf [2015] FCWA 68 Hall v Hall [2016] 257 CLR 490 In the Marriage of Farr (1976) FLC 90-133 Jefferson & Coulston [2014] FamCA 1083 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531 Livesey and Jenkins (1985) 1 All ER 106 Maroney & Maroney [2009] FamCAFC 45 Martin & Martin and Ors [2013] FamCA 222 McCrossen & McCrossen (2006) FLC 93-283 Medlow & Medlow (2016) FLC 93-692 Mitchell & Mitchell (1995) FLC 92-601 Philips & Samuels [2017] FamCA 125 Quayle & Perceval [2018] FamCA 664 Saxena and Saxena (2006) FLC 93-268 Stanford v Stanford (2012) 247 CLR 108 Stein & Stein (2000) FLC 93-004 |
| APPLICANT: | Ms Raman |
| RESPONDENT: | Mr Raman |
| FILE NUMBER: | SYC 5368 of 2018 |
| DATE DELIVERED: | 29 October 2018 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | McClelland J |
| HEARING DATE: | 17 September 2018 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Harper |
| SOLICITOR FOR THE APPLICANT: | Swaab Attorneys |
| COUNSEL FOR THE RESPONDENT: | Mr Tockar |
| SOLICITOR FOR THE RESPONDENT: | DA Law Group |
Orders
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
The husband pay to the wife spousal maintenance, as follows:
(a)The sum of $241 each week by way of cleared funds, such funds to be paid into the wife's nominated bank account;
(b)All arrears of and ongoing mortgage repayments due on real property situate at and known as B Street, Suburb C (“the Suburb C property”) as and when they may fall due;
(c)All arrears of and ongoing council rates and water rates referable to the Suburb C property as and…
Continue reading Raman and Raman
Sign in free to access the full text
- AGLC
- Raman and Raman [2018] FamCA 871
- Case
- [2018] FamCA 871
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the extent of the husband's capacity to pay spousal maintenance, particularly in light of his income and financial arrangements. A key issue was the husband's disclosure of his financial position, including agreements with the Australian Taxation Office that impacted his income. The court also considered the wife's needs and the factors outlined in section 75(2) of the *Family Law Act 1975* (Cth) relevant to spousal maintenance.
McClelland J applied the principle that a court may take a "robust view" of a party's financial capacity when there has been a failure to make full and frank disclosure. The court noted that capacity to pay maintenance is not confined to income but can extend to capital or borrowings. The husband's concession regarding his capacity to borrow funds for maintenance payments was taken into account. The court also considered the wife's reasonable needs and the husband's statutory obligations under section 75(2) of the Act.
The court ordered the husband to pay the wife weekly spousal maintenance, cover arrears and ongoing mortgage repayments, council and water rates, and building and home insurance for the Suburb C property. Additionally, the husband was ordered to pay the wife's legal costs and disbursements, with specific provisions for the handling and payment of these funds through the parties' solicitors, including mechanisms for ensuring payment if initial arrangements were not met.
Orders
Orders of the court
THE COURT ORDERS, PENDING FURTHER ORDER, THAT:
1.
The husband pay to the wife spousal maintenance, as follows:
(a) The sum of $241 each week by way of cleared funds, such funds to be paid into the wife's nominated bank account;
(b) All arrears of and ongoing mortgage repayments due on real property situate at and known as B Street, Suburb C (“the Suburb C property”) as and when they may fall due;
(c) All arrears of and ongoing council rates and water rates referable to the Suburb C property as and when they may fall due;
(d) All arrears of and ongoing building insurance and home and contents insurance payments referable to the Suburb C property as and when they may fall due; and
(e) All arrears of and ongoing comprehensive motor vehicle insurance and motor vehicle registration payments for the motor vehicle in the wife's possession as and when they may fall due.
2.
Within seven (7) days after any future payment by or on behalf of the husband of any money in payment of accounts rendered by his solicitors, including in relation to the expenses associated with the preparation of his case, the husband pay or cause to be paid the same sum of money to the solicitors for the wife.
3.
Within 24 hours after the payment by or on behalf of the husband of any money referred to in order 2 herein, the husband cause to be given to the wife's solicitors a memorandum stating the amount or amounts so paid to his solicitors.
4.
The husband instruct his solicitors that all money paid to them, including on his behalf, pursuant to order 2 herein, are to be held in trust by them and not applied in payment to them until such time as the relevant amount has been paid by or on behalf of the husband to the solicitors for the wife.
5.
If the payments referred to in order 2 herein are not made within seven (7) days, the husband is to direct his solicitors to pay 50 per cent of whatever is received (as held by them in trust pursuant to order 4 herein) to the solicitors for the wife.
6.
The wife is to instruct her solicitors that amounts paid to them pursuant to these orders are to be applied by them in payment of the costs and disbursements incurred by the wife in the conduct of these proceedings.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.