Wohen and Wohen

Case

[2009] FamCA 848

3 August 2009


Details
AGLC Case Decision Date
Wohen and Wohen [2009] FamCA 848 [2009] FamCA 848 3 August 2009

CaseChat Overview and Summary

In the matter of *Wohen and Wohen*, heard before Cronin J, the dispute concerned outstanding financial orders and the wife's claim for interest accrued on those sums. The husband was ordered to pay a specific sum to the wife representing this accrued interest.

The primary legal issue before the court was the entitlement of the wife to claim interest on the outstanding amounts pursuant to the Family Law Act 1975 (Cth) and relevant rules, and the quantum of that interest.

Cronin J determined that interest was payable on the outstanding orders. The court applied the principles governing the accrual of interest on judgment debts and court orders, considering the relevant legislative provisions and rules of court that permit the recovery of such interest. The court calculated the interest based on the outstanding principal sums and the statutory rate.

The court ordered that the husband pay to the wife the sum of $3484 by 4.00pm on 5 October 2009, representing the accrued interest. Furthermore, the court made no order for costs.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Cross v Beaumont [2007] FamCA 123
Stephens & Stephens and Ors [2009] FamCA 156