WILKES & BOLTON

[2018] FamCA 309

FAMILY COURT OF AUSTRALIA

WILKES & BOLTON [2018] FamCA 309

FAMILY LAW – PROPERTY – Exclusive Occupancy – where the wife resides in Queensland and the Melbourne home is unoccupied save for occasions when she comes to Melbourne to visit an ill friend – where the husband is living with his parents and is unemployed – where there is no inconvenience to the wife having regard to her financial position for her to be able to pay for temporary accommodation when in Melbourne – consideration of the distinction between the alteration of property interests and the right to use property – where the husband should have exclusive occupancy of the property until further order.

FAMILY LAW – SPOUSAL MAINTENANCE – where the husband has traditionally been at home and has not worked for many years – where the husband is now 51 years of age – where he seeks spousal maintenance in anticipation of retraining to enter the workforce – where the wife maintains that the husband has not made efforts to obtain employment – where the court accepts that the husband’s position of not having worked and requiring retraining is unchallenged – where spousal maintenance should be ordered.

FAMILY LAW – SPOUSAL MAINTENANCE – QUANTUM – where the wife earns $10,000 per week and says it has expenses of just over half that sum as a medical practitioner running clinics in Queensland – where the husband is unemployed and has been so for a number of years – where the husband is living with his family – where the husband anticipates he would be spending $815 per week if that money was available to him – where the wife wanted the court to make any order limited to basis expenses – where it is not appropriate for the matter to be approached in that way – where the court makes an order for the quantum sought by the husband on the basis that it is reasonable.

Family Law Act 1975 (Cth)

Higgins & Higgins [2018] FamCA 243
Mullane v Mullane [1983] HCA 4; (1983) 158 CLR 436
Redman & Redman [1987] FamCA 2; (1987) FLC 91-805; (1987) 11 Fam LR 411

APPLICANT: Mr Wilkes

RESPONDENT:	Ms Bolton
FILE NUMBER:	MLC	10766	of		2017
DATE DELIVERED:	10 May 2018

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 9, 10 May 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT

SOLICITOR FOR THE APPLICANT:

Ms Dellidis

Stephen Farmer & Associates

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE APPLICANT

Ms Colla

Goldstone Family Lawyers

Orders

1. By 4.00pm on Friday 18 May 2018, the wife provide the husband with all things necessary to enable him to have sole occupancy of B Street, Suburb C, until further order.

2. That the wife pay maintenance to the husband of $815 per week until further order.

3. That the wife also pay as maintenance for the husband the following payments in respect of the German motor car:

   (a)       The lease payments as they fall due;