Travers and Travers

[2018] FCCA 3417

FEDERAL CIRCUIT COURT OF AUSTRALIA

TRAVERS & TRAVERS [2018] FCCA 3417

Catchwords:
FAMILY LAW – Interim spousal maintenance application – orders made.

Legislation:

Family Law Act 1975, ss.72, 74 and 75

Cases cited:

Uzunlar & Uzunlar [2017] FamCA 111

Applicant: MS TRAVERS

Respondent: MR TRAVERS

File Number: PAC 1949 of 2018

Judgment of: Judge Newbrun

Hearing dates: 27 September, 8 October 2018

Date of Last Submission: 8 October 2018

Delivered at: Parramatta

Delivered on: 30 October 2018

REPRESENTATION

Solicitors for the Applicant: Mr Kutasi of Solve Legal

The Respondent appeared in person

ORDERS

1. Pending further Order, the husband shall pay to the wife the sum of $1,000 per week by way of interim spousal maintenance pursuant to section 74(1) of the Family Law Act 1975 (Cth).

2. The proceedings are adjourned for mention to 2 May 2019 at 11:30 am.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1949 of 2018

MS TRAVERS

Applicant

And

MR TRAVERS

Respondent

REASONS FOR JUDGMENT

1. These are Reasons for Judgment in the matter of Travers & Travers.  The Applicant wife, in her Initiating Application filed 7 May 2018, sought interim Orders as set out in that Application.  Inter alia, she sought interim Orders that the Respondent husband pay to her $2,000 per week, and a one-off payment of $30,000.  She also sought an Order that the husband take steps to have a certain motor vehicle, a Motor Vehicle 1, repaired and then advertised for sale.  Proposed interim Order 3 sought by the wife, that the husband take no action to dispose of or in any way otherwise deal with any marital assets without the express written consent of the wife, was an interim Order that was previously made by the Court on 26 June 2018.  The husband’s Response filed 29 June 2018, sought interim Orders, inter alia, that “all interim or procedural orders sought by the applicant are dropped and not pursued further in future”.

2. There have been numerous Court appearances in these proceedings in relation to the proposed interim Orders sought by the wife, with the husband appearing on most but not all of those court events.

3. At the interim hearing, the wife, in relation to proposed interim Order 1 in her Initiating Application, sought to bring those proposed Orders under the rubric of interim spousal maintenance and lump sum spousal maintenance.  The Court has treated the wife’s proposed applications in proposed interim Order 1 on that basis. 

4. The wife’s material comprises her Financial Statement filed 7 May 2018 and four Affidavits, together with a lengthy affidavit from her solicitor filed 3 August 2018.  She also relied on Exhibit A, being certain tax invoices, copy tax invoices, in relation to a business said to be now operated by the husband.

5. The husband has merely relied upon a short Affidavit filed 29 June 2018…