Federal Circuit and Family Court of Australia
(DIVISION 2)
Simiko & Kellidis (No 2) [2022] FedCFamC2F 982
File number(s): CAC 1879 of 2019 Judgment of: JUDGE MANSFIELD Date of judgment: 28 July 2022 Catchwords: FAMILY LAW – PARENTING – Mother to have sole parental responsibility – Father demonstrates rigid views and lacks insight into effects on children of his uncompromising attitudes and behaviour – How to best promote meaningful relationship between children and the father – Eldest child to spend time with the father in accordance with her wishes – Reduction in alternate weekend time – Maintenance of mid-week time against ICL’s and mother’s proposed orders.
FAMILY LAW – CHILD SUPPORT – Identifying distinction between departure orders under Part 7 Division 4 of the Child Support (Assessment) Act 1989 (Cth) and orders under Division 5 for provision of child support otherwise than in the form of periodic amounts – Section 124 as a source of power in absence of an order under section 117 – Lightfoot v Hampson (1996) FLC 92-663 followed – Ivanovic v Ivanovic (1996) FLC 92-689 considered – Test for ‘special circumstances’ in section 125(2) met with respect to school fees but not for orthodontic expenses - Gyselman and Gyselman (1992) FLC 92-279 followed – Order for husband to provide security for payment of child support - Malcher & Malcher [2016] FamCA 1063 followed.
FAMILY LAW – PROPERTY – Effect of husband’s failure to comply with procedural orders – Effect of husband’s non-compliance with disclosure obligations – Weir and Weir (1993) FLC 92-338 applied – Parties own contributions pale into insignificance compared to amounts advanced by the wife’s father and the husband’s inheritance from his father – necessary to adopt asset-by-asset approach to achieve a just and equitable result.
Legislation: Child Support (Assessment) Act 1989 (Cth) ss 4, 99, 117, 121, 122, 123(1)(a), 123(1)(b), 124, 125, 141
Family Law Act 1975 (Cth) ss 60B, 60CA, 60CC, 60CC(2A), 60CC(2) 60CC(2)(a), 60CC(2)(b), 60CC(3), 61B, 61C, 61D, 61DA, 61DAC, 61DB, 65D, 65DAA, 65DAB, 65DAC, 75, 79, 102NA, 102NB
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r.1.33(2)(c), r.5.01
Cases cited: Babett & Falconer (2015) FLC 98-067
Dickons & Dickons [2012] FamCAFC 154
Dovgan & Dovgan [2021] FamCA 306
G & C [2006] FamCA 994
Gyselman and Gyselman (1992) FLC 92-279
Hickey and Hickey and Attorney-General (Cth) (2003) FLC 93-143
Ivanovic v Ivanovic (1996) FLC 92-689
Jurchenko & Foster (2014) FLC 93-598
Lightfoot v Hampson (1996) FLC 92-663
Loddington & Derringford (No 2) [2008] FamCA 925
Malcher & Malcher [2016] FamCA 1063
McCall and Clark (2009) FLC 93-405
Perrin & Perrin (No 2) [2018] FamCAFC 122
Savery and Savery (1990) FLC 92-131
Stanford v Stanford (2012) 247 CLR 108
Weir and Weir (1993) FLC 92-338
Division: Division 2 Family Law Number of paragraphs: 203 Date of last submission/s: 13 May 2022 Date of hearing: 4-6 May 2022 Place: Canberra Counsel for the Applicant: Ms Curran Solicitor for the Respondent: Litigant in person
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