Woolwich and Woolwich

[2010] FamCA 628

FAMILY COURT OF AUSTRALIA

WOOLWICH & WOOLWICH [2010] FamCA 628

FAMILY LAW – PROPERY – sale of assets
FAMILY LAW – SPOUSAL MAINTENANCE – interim spousal maintenance
FAMILY LAW – INJUNCTIONS – disposal of assets

Family Law Act 1975 (Cth)

APPLICANT: Ms Woolwich

RESPONDENT: Mr Woolwich

FILE NUMBER: SYC 1583 of 2010

DATE DELIVERED: 20 July 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: The Hon. Justice Cleary

HEARING DATE: 20 July 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: T Messner

SOLICITOR FOR THE APPLICANT: Abrams Turner Whelan

RESPONDENT IN PERSON:

Orders

IT IS ORDERED:

1. That the husband pay to the wife the sum of $435.00 per week commencing on 27 July 2010 and thereafter each Tuesday with such sum to be paid by the husband by direct deposit to the parties’ joint ANZ account (BSB …;  Account Number …11) AND the wife shall utilise such sum to pay the interest on the NAB loan (Account Number …25).

2. That within seven (7) days of the date of these Orders the husband do all acts and things and sign all documents necessary to transfer to the wife all of his right title and interest in Audi TT motor vehicle registration number … (“the motor vehicle”) and shall forthwith advise the wife of the current storage location or address where the motor vehicle is garaged.

3. That by way of implementation of Order 2 within seven (7) days of the date of these Orders the husband shall sign the registration papers for the motor vehicle as seller and hand the said registration papers to the wife.

4. That upon compliance by the husband with Orders 2 and 3 the wife is at liberty to sell the motor vehicle and retain the proceeds of sale and will thereafter account to the husband as to the utilisation of the said proceeds of sale.

5. That the amount of the net funds after the sale of the motor vehicle will be characterised by the trial judge at the substantive hearing of these proceedings.

6. That by way of implementation of Order 2.1 of the Orders made on 1 July 2010 the wife is hereby authorised to uplift the wine stored at C Business as agent on behalf of D Pty Limited AND the husband is to do all acts and things and sign all documents necessary to cause the said wine to be available for collection by the wife within 24 hours of the date of these Orders.

7. That in respect of Order 2.7 of the Orders made 10 May 2010:

   (a)the husband shall provide to the wife within seven (7) days a list of all items of furniture, plant machinery and equipment on the R property that have to date been sold, and

   (b)shall pay to the wife to the ANZ account referred to in Order 1 all monies that have been received from the sale of those items, and

   (c)the wife shall provide to the husband within seven (7) days a list of all those items, if any, of furniture, plant machinery and equipment removed from the R property beyond what was included in Annexure B to the Orders made 10 May 2010, and

   (d)the wife shall account for the sale of any such items to the husband.

8. That the costs of the wife are reserved.

NOTATION:

A.In relation to Order 6 herein the wife, if she so chooses to uplift the wine, does so entirely at her own cost.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER:  SYC1583 of 2010

MS WOOLWICH

Applicant

And

MR WOOLWICH

Respondent

REASONS FOR JUDGMENT

1. These proceedings involve the wife Ms Woolwich for orders which were ultimately contained in a document entitled “Amended Minute of Orders” sought by applicant wife on 20 July 2010.

2. There was some arrangement between the parties today which led to the release of funds and subsequent amendment to the minute of orders sought.

3. The short facts of the matter are as follows.

4. The parties have two children J born in April 1994 and G born in December 1995.

5. Both children attend C and K schools respectively.  The wife lives in Sydney and the two children live with her.

6. The father lives in New Zealand.

7. The father has a total average weekly income of not less than $4,437.00 per week which is contained in his Financial Statement sworn 10 May 2010.

8. The wife has a weekly income of $332.00 per week which is contained in her Financial Statement sworn 15 March 2010.

9. The husband has been assessed to pay $3,588.35 per month child support for the two children.

10. There is apparently the sum of $22,000.00 in arrears of child support in respect of previous assessment.

11. That assessment is presently in dispute by the father.

12. There is $31,597.00 arrears of school fees owing to C and K schools.

13. Both parties were given leave to re-list these proceedings if the schools informed the parties or either of them that the children have to leave the school.  That order was made on 10 May 2010.

14. That situation, on the evidence of the wife, has arisen, with pressing urgency with respect to fees owed to K School.

15. The parties agree that the two children should continue at their current schools and the husband considers that the only way this can be done is for the sale of the house in B.

16. That is a matter for the substantive proceedings.

17. The issues that arise for determination before me is the urgent application of outstanding fees for the two children’s schools, mortgage on the family home which needs to be met, and the need to release funds to meet the obligation for the school fees and in the event that there are any monies remaining then to reduce the mortgage.

18. Such payments will ultimately be assessed in the final property proceedings.

19. There have been orders made on 1 July 2010 and on 10 May 2010 to enable the parties to reach some interim arrangement and make further orders which will preserve the parties’ position until there can be a final hearing in these proceedings.

20. I have considered the material contained in the Financial Statement of the husband and note that he has tax to pay in the amount of $1,564.00 per week;  rent of $462.00 per week;  and the other main areas are credit card repayments of $800.00 per week.  There is no evidence of a debt that gives rise to that weekly payment.  There is a lease payment in respect of a Land Rover at $598.00 per week and I accept the submission of counsel for the wife that this is inconsistent with the value of the motor vehicle.  There is also a weekly payment for the support of E who is the husband’s older son.

21. I consider that the husband has on an interim basis a capacity to meet the weekly amount in respect of the mortgage and that the sale of one of the motor vehicles will help to reduce the lump sum debt in respect of school fees.

22. The fact that the husband will be paying child support in future at the rate previously mentioned does not in itself address the wife’s need to meet the two children’s school fees and to otherwise support the children.

I certify that the preceding twenty-two (22) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cleary

Associate: 

Date:  23 July 2010