FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Teng & Cho [2025] FedCFamC2F 811
File number(s): SYC 3205 of 2022 Judgment of: JUDGE STREET Date of judgment: 13 June 2025 Catchwords: FAMILY LAW – Interim s 90SM property distribution in the amount of $200,000 to both the de facto husband and defacto wife - an interim s 90SE spousal maintenance order for the de facto wife in the sum of $714.00 per week – property proceedings adjourned part heard. Legislation: Family Law Act 1975 (Cth) Cases cited: Naoumova & Severijns [2024] FedCFamC1F 580 Division: Division 2 Family Law Number of paragraphs: 23 Date of hearing: 19 May 2025, 20 May 2025, 21 May 2025 and 22 May 2025 Place: Sydney Counsel for the Applicant: Mr S Schonell Solicitor for the Applicant: Monardo Legal Counsel for the Respondent: Ms E Rusiti Solicitor for the Respondent: Parker Law ORDERS
SYC 3205 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR TENG
Applicant
AND: MS CHO
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
22 MAY 2025
THE COURT ORDERS THAT:
1.These part-heard property proceedings are adjourned at the end of today and are to continue on the 24 and 25 July 2025 at 10:00 am via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court Australia Act 2021 (Cth).
2.The respondent is directed to ensure that the interpreter necessary for one of the respondent’s witnesses is available all day on 25 July 2025.
3.Pursuant to s 90SM of the Family Law Act 1975 (Cth), the Court makes an interim property distribution from the joint account, being an interest-bearing account, ending in #...49, in the amount of $200,000 to both the applicant and respondent.
4.Pursuant to s 90SE of the Family Law Act 1975 (Cth), the Court makes an interim spousal maintenance order for the respondent in the sum of $714.00 per week, to be paid monthly, in advance by the applicant, into the CBA account of the respondent ending in #...37, to commence today.
5.No part of the interim property distribution to the respondent is to be applied in the purported repayment of the disputed alleged creditors identified in items 2(a)(i), (ii), (iii) and (v) of the respondent’s case outline, given that the alleged indebtedness is a material issue in dispute in this case.
6.The Court reserves its written reasons in respect of the interim orders made under s 90SM and s 90SE of the Family Law Act 1975 (Cth).
7.Leave is granted to the parties to provide consent orders to be made in chambers, if appropriate.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r…
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- Teng & Cho [2025] FedCFamC2F 811
- Case
- [2025] FedCFamC2F 811
- Decision Date
CaseChat Overview and Summary
The court deliberated on the respective financial needs and contributions of the parties, considering the principles set out in sections 90SM and 90SE of the Family Law Act. It was established that the parties had significant assets, and the court determined that an equal interim distribution was appropriate given the circumstances. Additionally, the court found that the respondent required spousal maintenance of $714.00 per week to be paid monthly in advance, considering her financial needs and the applicant’s capacity to pay.
The court granted the interim property distribution and spousal maintenance order as requested, while also ensuring that no part of the interim distribution to the respondent would be applied to repay alleged creditors in dispute. The proceedings were adjourned to allow for further evidence and arguments on the final property distribution. The court reserved its written reasons for the interim orders and granted leave for the parties to propose consent orders if appropriate.
Orders
Orders of the court
SYC 3205 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR TENG
Applicant
AND:
MS CHO
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
22 MAY 2025
THE COURT ORDERS THAT:
1. These part-heard property proceedings are adjourned at the end of today and are to continue on the 24 and 25 July 2025 at 10:00 am via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court Australia Act 2021 (Cth).
2. The respondent is directed to ensure that the interpreter necessary for one of the respondent’s witnesses is available all day on 25 July 2025.
3. Pursuant to s 90SM of the Family Law Act 1975 (Cth), the Court makes an interim property distribution from the joint account, being an interest-bearing account, ending in #...49, in the amount of $200,000 to both the applicant and respondent.
4. Pursuant to s 90SE of the Family Law Act 1975 (Cth), the Court makes an interim spousal maintenance order for the respondent in the sum of $714.00 per week, to be paid monthly, in advance by the applicant, into the CBA account of the respondent ending in #...37, to commence today.
5. No part of the interim property distribution to the respondent is to be applied in the purported repayment of the disputed alleged creditors identified in items 2(a)(i), (ii), (iii) and (v) of the respondent’s case outline, given that the alleged indebtedness is a material issue in dispute in this case.
6. The Court reserves its written reasons in respect of the interim orders made under s 90SM and s 90SE of the Family Law Act 1975 (Cth).
7. Leave is granted to the parties to provide consent orders to be made in chambers, if appropriate.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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