Stopford Malloy and Malloy

FAMILY COURT OF AUSTRALIA

STOPFORD MALLOY & MALLOY [2016] FamCA 289

FAMILY LAW – SPOUSAL MAINTENANCE – where the husband seeks that the amount be reduced – where the Court is satisfied that the wife has established a need for payment – where consideration is given to the husband’s capacity to pay and the parties change in circumstances – where the spousal maintenance provisions previously ordered are continued.

Family Law Act 1975 (Cth) s 82
APPLICANT:	Ms Stopford Malloy

RESPONDENT: Mr Malloy

FILE NUMBER: ADC 2595 of 2015

DATE DELIVERED: 22 April 2016

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 22 April 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Wells QC
(with Mr McGinn)

SOLICITOR FOR THE APPLICANT: Piper Alderman

COUNSEL FOR THE RESPONDENT: Mr Richards

SOLICITOR FOR THE RESPONDENT: Howe Jenkin

Orders

1. Leave is granted for the release of the documents contained in the subpoena material to Ms F such copies to be provided by the wife’s solicitors within two [2] working days SAVE AND EXCEPT for the confidential material not to be released to either party or the family consultant at this stage.

2. Further consideration of the Application in a Case filed on 21 March 2016 by the wife is adjourned to Wednesday 27 July 2016 at 9.15 am before the Honourable Justice Dawe allowing one [1] hour.

3. Any affidavit material upon which either party seeks to rely to be filed and served by 4.00 pm on 22 July 2016.

4. Paragraph 1.1 of the orders of 19 October 2015 is continued.

5. Paragraph 1.2 of the orders made 19 October 2015 be varied by inserting the following in lieu of the present order:

   that the sum of SIX HUNDRED AND FIFTY DOLLARS [$650.00] per week, the first payment of which is to be paid and received as from Friday 22 April 2016, such amount to be paid to an account nominated by the wife’s solicitors in writing.

6. The Application in a Case filed by the husband on 18 March 2016 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Stopford Malloy & Malloy has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 2595 of 2015

Ms Stopford Malloy

Applicant

And

Mr Malloy

Respondent

EX TEMPORE EASONS FOR JUDGMENT

1. In relation to the interim matters which are before me this morning, I have dealt with the matters concerning the children’s issues.  They are adjourned awaiting the outcome of the family consultant’s report and the return of the husband from an overseas trip. 

2. The other matter to be dealt with on an interim basis is the question of the spouse maintenance orders which are now being sought. 

3. On 19 October 2015, I made orders by consent which, inter alia, provided for the husband to pay the wife an interim spousal maintenance sum of $2000 per week, the first payment…