WITHERS & WITHERS

[2018] FamCA 920

FAMILY COURT OF AUSTRALIA

WITHERS & WITHERS [2018] FamCA 920

FAMILY LAW – PROPERTY – Interim property – Interim Application – consideration of applicable principles – Where insufficient evidence has been adduced by the parties for an assessment of the parties’ assets and liabilities and contributions to be made – Where there is a conflict in the evidence and issues in dispute that are not capable of resolution at interim hearing – Where application dismissed – Where it is appropriate to make an order for costs to be reserved to final trial.

FAMILY LAW – PROPERTY – Interim spousal maintenance – Consideration of applicable principles – Where wife has not established incapacity to support  herself adequately – Where application dismissed

Family Law Act 1975 (Cth) ss 72, 75, 79

Strahan & Strahan [2009] FamCAFC 166
Harris & Harris (1993) FLC 92-378

APPLICANT: Ms Withers

RESPONDENT: Mr Withers

FILE NUMBER: CRC 129 of 2017

DATE DELIVERED: 9 November 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 17 September 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Petersen

SOLICITOR FOR THE APPLICANT: Nambucca Valley Legal

COUNSEL FOR THE RESPONDENT: Mr Grew

SOLICITOR FOR THE RESPONDENT: Coleman Greig Lawyers

Orders

1. That the wife’s Application in a Case filed 22 August 2018 be dismissed.

2. That the parties’ costs of and incidental to the said application be reserved to final trial.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Withers & Withers has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: CRC 129 of 2017

Ms Withers

Applicant

And

Mr Withers

Respondent

REASONS FOR JUDGMENT

1. The application for determination is as to interim financial issues.

2. In April 2017 the applicant wife filed an Amended Initiating Application seeking property settlement orders in substance as follows:

   a)that the husband transfer to her his interest in a real estate property at B Town;

   b)that simultaneously with that transfer the husband pay to the wife the sum of $500,000.00;

   c)that simultaneously with the payment to the wife transfer to the husband her interest in a real estate property at C Town;

   d)that simultaneously on compliance with the previous orders the husband refinance the mortgage secured over the C Town property into his name;

   e)that the husband indemnify the wife in relation to any debts and loan accounts liability that she may have in relation to D Pty Ltd, E Pty Ltd, the Withers Family Trust, and the Withers Partnership.

3. In July 2017 the husband filed a…