SEELEY & SEELEY

[2019] FCCA 2633

FEDERAL CIRCUIT COURT OF AUSTRALIA

SEELEY & SEELEY [2019] FCCA 2633

Catchwords:
FAMILY LAW – Spousal maintenance – interim orders where wife was unaware of overseas divorce – where wife is unable to find work easily.

Legislation:

Family Law Act 1975 (Cth)

Applicant: MS SEELEY

Respondent: MR SEELEY

File Number: ADC 3218 of 2019

Judgment of: Judge Young

Hearing date: 19 August 2019

Date of Last Submission: 19 August 2019

Delivered at: Adelaide

Delivered on: 19 August 2019

REPRESENTATION

Counsel for the Applicant: B S Gill Lawyers

Solicitors for the Applicant: Ms Dickson

Counsel for the Respondent: Websters Lawyers

Solicitors for the Respondent: Mr Woolford

THE COURT ORDERS UNTIL FURTHER ORDER:

1. That pursuant to section 77 of the Family Law Act 1975 the husband pay to the wife the sum of $375.00 per week by way of urgent spousal maintenance.

2. That the husband file and serve a Response, Affidavit in support and Financial Statement by close of business on 28 August 2019.

3. That both parties provide disclosure of taxation returns of the last two years and bank statements for the past 12 months by close of business on 28 August 2019.

4. That further consideration of the proceedings is adjourned to 2 September 2019 at 11.30am by video link in Darwin.

IT IS NOTED that publication of this judgment under the pseudonym Seeley & Seeley is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT ADELAIDE

ADC 3218 of 2019

MS SEELEY

Applicant

And

MR SEELEY

Respondent

REASONS FOR JUDGMENT

Ex-Tempore

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. I am going to adjourn the matter, Ms Dickson, but I am also satisfied that I ought to make an urgent spousal maintenance order pursuant to section 77 in the sum of $375 a week until further order.

3. I have had regard to the affidavit of the wife. She is the wife of a health care worker. She and the respondent husband have been married for 30 years. She has not worked, she said, apart from a short period in Country A and is unlikely, she says, at the age 55 to be able to obtain employment in Australia, at least in the short-term.

4. She says that she was surprised to hear that the husband had divorced her in Country B very recently, a fact which has been confirmed by Mr Woolford.

5. I use divorce without assuming that the divorce was valid and I am satisfied that until I hear further evidence, that there ought to be an order in that sum so that the wife can at least pay her rent.

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of Judge Young

Date:  17 September 2019