FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Raymond & Raymond [2023] FedCFamC2F 1396
File number(s): NCC 838 of 2023 Judgment of: JUDGE CARTY Date of judgment: 20 October 2023 Catchwords: FAMILY LAW – PROCEDURAL – Application to restrain wife’s solicitor from acting – inherent jurisdiction.
FAMILY LAW – INTERLOCUTORY – Financial application – spouse maintenance
Legislation: Family Law Act 1975 (Cth) ss 72, 74,75, 114, Pt VIII Cases cited: Atwill & Atwill (1981) 7 FamLR 573 at 576; (1981) FLC91-107 at 76,792
Bevan & Bevan (1993) 120 FLR 283
Charisteas & Charisteas [2022] FedCFamC1A 160
Kallinicos v Hunt (2005) 64 NSWLR 561; [2005] NSWSC1181
In the Marriage of Mirkin (1980) 5 FamLR 782
Osferatu & Osferatu [2015] FamCAFC 177
Division: Division 2 Family Law Number of paragraphs: 170 Date of last submission/s: 16 October 2023 Date of hearing: 11 August 2023, 6 & 16 October 2023 Counsel for the Applicant: Mr Kelly Solicitor for the Applicant: Coppertree Family Law Counsel for the Respondent: Mr Weightman Solicitor for the Respondent: Seton Family Lawyers ORDERS
NCC 838 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR RAYMOND
Applicant
AND: MS RAYMOND
Respondent
ORDER MADE BY:
JUDGE CARTY
DATE OF ORDER:
20 OCTOBER 2023
THE COURT ORDERS THAT:
1.The husband’s interlocutory application to restrain the wife’s solicitor or her law firm from continuing to represent the wife in the proceedings is dismissed.
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
2.The wife shall have sole use and occupation of the property situate and known as F Street, Suburb G in the State of New South Wales (“the Suburb G property”) subject to the following:
(a)The wife is responsible to pay one half of all periodic and minimum principal and interest repayments due to ANZ pursuant to the home loan accounts …03 and …91 as and when they fall due and payable; and
(b)The wife is responsible to pay one half of the rates, insurances and utilities as and when they fall due and payable.
3.Pursuant to s. 74 of the Family Law Act 1975 (Cth) the husband shall pay or cause to be paid for the benefit of the wife by way of spousal maintenance:
(a)A lump sum of $5,500.00 with payment to the wife to be made within 14 days of the date of these orders; and
(b)A periodic sum of $685.00 each week with the first payment to be made within 7 days of the date of these orders and weekly thereafter; and
(c)All Health insurance premiums due and payable for the family health insurance.
4.The wife shall, within 2 days of the date of these Orders, notify the husband’s solicitor in writing of the wife’s nominated bank account, with the first periodic payment to be received as cleared funds within 7 days of the date of these orders and each subsequent payment to be received as cleared funds into the account within each 7 days thereafter.
5.The costs of and incidental to the interlocutory…
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CaseChat Overview and Summary
The court found that the husband's application to disqualify the wife's solicitor was not substantiated. The husband had not provided sufficient grounds to justify the court's intervention under the inherent jurisdiction, and therefore, the application was dismissed. Regarding the financial application, the court considered the wife's needs and the husband's capacity to pay. The court ordered that the husband pay the wife a lump sum of $5,500 within 14 days, a weekly sum of $685, and all health insurance premiums for the family. The court also stipulated that the wife would have sole use and occupation of the Suburb G property, with responsibilities for half of the mortgage repayments, rates, insurances, and utilities.
The court further ordered that the wife notify the husband's solicitor of her nominated bank account within two days of the orders, with the first periodic payment to be received within seven days of the date of the orders. The court reserved the costs of the interlocutory applications for determination at the directions hearing on 24 October 2023. The form of the order is subject to entry in the court’s records, with provisions for potential review or variation under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
NCC 838 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR RAYMOND
Applicant
AND:
MS RAYMOND
Respondent
ORDER MADE BY:
JUDGE CARTY
DATE OF ORDER:
20 OCTOBER 2023
THE COURT ORDERS THAT:
1. The husband’s interlocutory application to restrain the wife’s solicitor or her law firm from continuing to represent the wife in the proceedings is dismissed.
THE COURT ORDERS UNTIL FURTHER ORDER THAT:
2. The wife shall have sole use and occupation of the property situate and known as F Street, Suburb G in the State of New South Wales (“the Suburb G property”) subject to the following:
(a) The wife is responsible to pay one half of all periodic and minimum principal and interest repayments due to ANZ pursuant to the home loan accounts …03 and …91 as and when they fall due and payable; and
(b) The wife is responsible to pay one half of the rates, insurances and utilities as and when they fall due and payable.
3. Pursuant to s. 74 of the Family Law Act 1975 (Cth) the husband shall pay or cause to be paid for the benefit of the wife by way of spousal maintenance:
(a) A lump sum of $5,500.00 with payment to the wife to be made within 14 days of the date of these orders; and
(b) A periodic sum of $685.00 each week with the first payment to be made within 7 days of the date of these orders and weekly thereafter; and
(c) All Health insurance premiums due and payable for the family health insurance.
4. The wife shall, within 2 days of the date of these Orders, notify the husband’s solicitor in writing of the wife’s nominated bank account, with the first periodic payment to be received as cleared funds within 7 days of the date of these orders and each subsequent payment to be received as cleared funds into the account within each 7 days thereafter.
5. The costs of and incidental to the interlocutory applications heard on 11 August 2023, 6 October 2023 and 16 October 2023 are reserved to the Directions hearing on 24 October 2023 before a Judicial Registrar.
THE COURT NOTES THAT:
A. No submissions were made at the interim hearing as to the costs in this matter.
B. The Court has reserved the costs of each party in the interim proceedings, with the issue of costs to be considered further at the directions hearing and further directions made in relation to determination of the costs issue, if required.
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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