STIRLING & THORPE

In the Federal Circuit Court, Judge Kemp considered an application by the wife concerning financial orders and maintenance. The dispute centred on the husband's alleged failure to make payments due under existing orders of the Family Court, as varied by subsequent orders of the Federal Circuit Court.

The primary legal issue before the Court was whether the husband had failed to comply with the existing financial orders, specifically order 36, and if so, what steps should be taken to enforce those obligations. The Court was also required to determine the quantum of any outstanding payments and address the wife's application for costs.

Judge Kemp ordered the husband to forthwith make all payments due and owing under order 36 of the final orders. A declaration was made that the husband owed the wife a sum to be determined upon the wife filing an affidavit detailing the outstanding amounts within 14 days. The husband was given a further 7 days to file any responsive affidavit material if he disputed the sums claimed. The husband's response to the wife's application was otherwise dismissed. The wife's costs were reserved, and she was ordered to provide a schedule of her costs to the husband within 14 days. The matter was listed for a callover on 1 March 2021 to determine the outstanding sum and costs, with leave granted for the parties to file consent orders or terms of settlement prior to that date.