FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Raymond & Raymond (No 4) [2024] FedCFamC2F 919
File number: NCC 838 of 2023 Judgment of: JUDGE KEARNEY Date of judgment: 26 June 2024 Catchwords: FAMILY LAW – spousal maintenance – remittance of the wife’s application for the husband to pay interim periodic spousal maintenance –whether the wife had a unrealised income-earning capacity – whether the wife’s alleged expenses are reasonable – whether the wife can adequately support themselves – what is a reasonable amount for the husband to pay to support the wife – whether spousal maintenance should be capitalised and deducted from the impending sale proceeds of the family home or alternatively be a non-characterised lump-sum payment from the sale proceeds – two subject children with complex medical needs for the 5-year-old child – weekly spousal maintenance to be paid to the wife Legislation: Family Law Act1975 (Cth) ss 72, 74, 75, 95, 96, 117 & 117C
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Ch 12 & rr 6.01, 6.03, 6.06(3)(h) & (9)(f)
Cases cited: Raymond & Raymond [2024] FedCFamC1A 45
Hall & Hall [2016] HCA 23; (2016) 257 CLR 490
In the Marriage of Slattery (1976) 2 Fam LR 11,251
Masters Home Improvement Australia Pty Ltd v North East Solutions Pty Ltd [2017] VSC 88; (2017) 372 ALR 440
Strahan & Strahan (Interim property orders) [2009] FamCAFC 166; (2009) 42 Fam LR 203
Division: Division 2 Family Law Number of paragraphs: 68 Date of hearing: 18 June 2024 Place: Newcastle Counsel for the Applicant: N/A – Self Represented Solicitor for the Applicant: N/A – Self Represented 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 KEARNEY
DATE OF ORDER:
26 JUNE 2024
UNTIL FURTHER ORDER, THE COURT ORDERS THAT:
1.Pursuant to s 74 of the Family Law Act 1975 (Cth), and by way of periodic spousal maintenance, the applicant MR RAYMOND (‘the husband’) shall pay or cause to be paid for the benefit of the respondent MS RAYMOND (‘the wife’) the weekly amount of $545 (‘the weekly spousal maintenance payment’) by 4.00pm each Wednesday, commencing with the first payment to be made by 4.00pm Wednesday 3 July 2024.
2.To facilitate Order 1, by 4.00pm Friday 28 June 2024, the wife shall nominate to the husband a financial account into which the husband is to electronically transfer the weekly periodic spousal maintenance payment and as part of that nomination, the wife will notify the husband of all necessary details to effect such transfers by way of email.
3.All outstanding interlocutory applications related to periodic spousal maintenance are dismissed.
THE COURT NOTES THAT:
A.Should a party file an application for costs as a result of the determination of the periodic spousal maintenance proceeding (‘the SM proceeding
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CaseChat Overview and Summary
Judge Kearney examined the wife’s financial situation, including her expenses and potential income-earning capacity. The court noted the wife's responsibility for two children, one of whom had complex medical needs. The judge concluded that the wife's expenses were reasonable and that she could not adequately support herself. Therefore, the court ordered that the husband should pay the wife weekly spousal maintenance of $545. The wife was required to nominate a financial account for the payments by a specified date, and the court dismissed all outstanding interlocutory applications related to periodic spousal maintenance. The court also noted the inefficiency observed during previous hearings due to non-compliance with court orders and rules and warned that future non-compliance might result in stricter measures.
The final orders included a weekly spousal maintenance payment of $545 to be paid by the husband starting from a specified date. The wife was required to nominate a financial account for the payments by a specified date. The court noted that any application for costs resulting from the determination of the periodic spousal maintenance proceeding should be notified to Judge Kearney’s chambers. Additionally, the court scheduled the next hearing for 18 July 2024 and warned the parties to ensure their compliance with court rules and orders to avoid further inefficiency.
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 KEARNEY
DATE OF ORDER:
26 JUNE 2024
UNTIL FURTHER ORDER, THE COURT ORDERS THAT:
1. Pursuant to s 74 of the Family Law Act 1975 (Cth), and by way of periodic spousal maintenance, the applicant MR RAYMOND (‘the husband’) shall pay or cause to be paid for the benefit of the respondent MS RAYMOND (‘the wife’) the weekly amount of $545 (‘the weekly spousal maintenance payment’) by 4.00pm each Wednesday, commencing with the first payment to be made by 4.00pm Wednesday 3 July 2024.
2. To facilitate Order 1, by 4.00pm Friday 28 June 2024, the wife shall nominate to the husband a financial account into which the husband is to electronically transfer the weekly periodic spousal maintenance payment and as part of that nomination, the wife will notify the husband of all necessary details to effect such transfers by way of email.
3. All outstanding interlocutory applications related to periodic spousal maintenance are dismissed.
THE COURT NOTES THAT:
A. Should a party file an application for costs as a result of the determination of the periodic spousal maintenance proceeding (‘the SM proceeding’), then at the time of filing such application, they are permitted to contemporaneously notify the chambers of Judge Kearney of this occurrence by email at …@... in order to ensure that such application is listed for hearing before Judge Kearney.
B. The proceedings are next before the Court for an electronic audio-visual interlocutory hearing conducted by a Senior Judicial Registrar on 18 July 2024 at 9.30am (‘the July hearing’).
C. At the June 2024 hearing of the SM proceeding, an inefficient use of the Court’s resources occurred because of the Court having to hear and determine oral applications brought to cure each party’s varying non-compliance with Orders of this Court and/or various provisions of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (‘the Family Law Rules’) and the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth).
D. In those circumstances, the parties would be wise to ensure that any evidence and/or submissions they intend to read and/or rely upon for the July hearing are compliant; failing which the parties are on notice that it is open for the Court to deal with the proceedings pursuant to rr 1.33 and/or 10.27 of the Family Law Rules.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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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