SURREY & SURREY

Case

[2019] FamCA 486

4 June 2019


Details
AGLC Case Decision Date
SURREY & SURREY [2019] FamCA 486 [2019] FamCA 486 4 June 2019

CaseChat Overview and Summary

In the matter of *Surrey & Surrey*, Bennett J considered a contravention application filed by the wife against the husband concerning property and child support orders. The wife alleged multiple contraventions of a limited Child Support Agreement dated 25 May 2017.

The primary legal issues before the court were whether the husband had contravened specific provisions of the Child Support Agreement, particularly regarding the payment of private health insurance levies and out-of-pocket medical expenses for the children, and whether the wife's further applications for orders by enforcement or in compensation were competent, given that the court's jurisdiction under s 79 of the *Family Law Act 1975* had already been exercised.

Bennett J found that the husband had contravened paragraph 7.3 of the Child Support Agreement by failing to pay all private health insurance levies and some out-of-pocket medical expenses for the children between 1 January 2017 and 3 April 2019, totalling $4,321.27, and that this contravention was without reasonable excuse. The court dismissed the remaining counts of the contravention application. The court also dismissed the wife's amended application, noting that some of the orders sought had already been dealt with in the context of the contravention application, while others fell outside the court's jurisdiction or were dismissed without determination on the merits.

Consequently, the husband was ordered to pay the sum of $4,321.27 to the wife by 10.00 am on 12 June 2018. Pursuant to s 112AF of the *Family Law Act 1975*, the husband was also required to enter into a bond for 18 months, requiring him to be of good behaviour without surety or security. The wife's contravention application and amended application were otherwise dismissed.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Breach

  • Remedies

  • Jurisdiction

  • Costs

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