Telama and Telama - [2009] FamCA 1036

FAMILY COURT OF AUSTRALIA

TELAMA & TELAMA

[2009] FamCA 1036

FAMILY LAW – MAINTENANCE – arrears - interim spousal
FAMILY LAW – CHILD SUPPORT – departure from administrative assessment

Family Law Act 1975 (Cth)

APPLICANT:

Ms Telama

RESPONDENT:

Mr Telama

FILE NUMBER:

SYC

1450

2008

DATE DELIVERED:

1 October 2009

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Loughnan JR

HEARING DATE:

1 October 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr P. Campton

SOLICITOR FOR THE APPLICANT:

Barkus Doolan Kelly

COUNSEL FOR THE RESPONDENT:

Mr G. Gould

SOLICITOR FOR THE RESPONDENT:

Karras Partners Lawyers

Orders

Leave is granted to inspect documents produced on subpoena by the National Australia Bank and the ANZ Bank.
Orders are made in terms of paragraphs 1 and 2 of the “Minute of Order Sought by the Wife” marked Exhibit A, substituting in each case for $2,000.00 the figure $1,000.00 as follows:
“1.That within 48 hours, the husband pay to the wife by way of arrears in spouse maintenance, the sum of $1,000 per week from 7 August 2009 to the date of the making of these Orders.
2.That pending further Order, the husband pay to the wife by way of spouse maintenance, the sum of $1,000 per week, with the first payment to be made 7 days after the date of the making of this Order, and thereafter by way of fortnightly instalments in advance.”
That there be a departure from the administrative assessment fixed as a result of a decision made on 7 August 2009 by Senior Case Officer W to provide that the annual rate of the husband’s child support liability for the parties’ children is a total of $78,000.00 AND the Court noted that that includes a contribution to the additional costs of the children’s special needs and the manner of their education of $13,000.00.
That departure is to commence on 7 August 2009 and conclude at the conclusion of the period of the current assessment.
That the parties’ costs of and incidental to the proceedings today be reserved.
That leave be granted to the parties to restore the matter to the list by arrangement with Judicial Registrar Loughnan’s associate on giving 24 hours’ notice to Judicial Registrar Loughnan’s associate and the other party in relation to any application for a stay on the basis of an Application for Review.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1450 of 2008

MS TELAMA

Applicant

And

MR TELAMA

Respondent

REASONS FOR JUDGMENT

These are proceedings in relation to spousal maintenance and child support departure in circumstances where there are on foot final proceedings for those forms of relief in addition to parenting proceedings. The matter has been allocated to the docket of Rose J.
In the matter before me today the wife seeks a payment of $2000 a week by way of spousal maintenance…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Telama and Telama

Details

AGLC: Telama and Telama [2009] FamCA 1036
Case: [2009] FamCA 1036
Decision Date: 1 October 2009

CaseChat Overview and Summary

In the matter of *Telama and Telama*, Judicial Registrar Loughnan considered applications concerning spousal maintenance, child support, and document inspection. The proceedings involved a dispute between a husband and wife regarding financial matters arising from their separation.

The court was required to determine whether to grant leave for the inspection of documents produced by the National Australia Bank and the ANZ Bank. Additionally, the court had to decide on the terms of spousal maintenance to be paid by the husband to the wife, including arrears and ongoing payments. A further key issue was whether to depart from an administrative assessment of child support and, if so, to what extent, considering the children's special needs and educational costs.

Judicial Registrar Loughnan granted leave for the inspection of the bank documents. The court made orders for the husband to pay arrears of spousal maintenance at a rate of $1,000 per week from 7 August 2009 to the date of the orders, and thereafter to pay ongoing spousal maintenance at the same rate, commencing seven days after the order and continuing by way of fortnightly instalments. The court also ordered a departure from the administrative assessment of child support, fixing the husband's annual liability at $78,000, which included a $13,000 contribution towards the children's special needs and educational costs. This departure was to commence on 7 August 2009 and continue for the duration of the current assessment period. The parties' costs were reserved, and leave was granted to restore the matter to the list for any application for a stay pending a review.

Orders

Orders of the court

Leave is granted to inspect documents produced on subpoena by the National Australia Bank and the ANZ Bank.

Orders are made in terms of paragraphs 1 and 2 of the “Minute of Order Sought by the Wife” marked Exhibit A, substituting in each case for $2,000.00 the figure $1,000.00 as follows:

“1. That within 48 hours, the husband pay to the wife by way of arrears in spouse maintenance, the sum of $1,000 per week from 7 August 2009 to the date of the making of these Orders.

2. That pending further Order, the husband pay to the wife by way of spouse maintenance, the sum of $1,000 per week, with the first payment to be made 7 days after the date of the making of this Order, and thereafter by way of fortnightly instalments in advance.”

That there be a departure from the administrative assessment fixed as a result of a decision made on 7 August 2009 by Senior Case Officer W to provide that the annual rate of the husband’s child support liability for the parties’ children is a total of $78,000.00 AND the Court noted that that includes a contribution to the additional costs of the children’s special needs and the manner of their education of $13,000.00.

That departure is to commence on 7 August 2009 and conclude at the conclusion of the period of the current assessment.

That the parties’ costs of and incidental to the proceedings today be reserved.

That leave be granted to the parties to restore the matter to the list by arrangement with Judicial Registrar Loughnan’s associate on giving 24 hours’ notice to Judicial Registrar Loughnan’s associate and the other party in relation to any application for a stay on the basis of an Application for Review.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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