Yeats and Yeats - [2008] FamCA 430

FAMILY COURT OF AUSTRALIA

YEATS & YEATS

[2008] FamCA 430

FAMILY LAW – COSTS – Interim costs order
FAMILY LAW – SPOUSE MAINTENANCE – Interim spouse maintenance order

Family Law Act 1975 (Cth)

Paris King Investments Pty Ltd v Rayhill [2006] NSWSC 578

APPLICANT:

Mrs Yeats

RESPONDENT:

Mr Yeats

FILE NUMBER:

SYC

1755

2007

DATE DELIVERED:

6 May 2008

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Justice Le Poer Trench

HEARING DATE:

2 May 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Campbell

SOLICITOR FOR THE APPLICANT:

Greg Walsh & Co

COUNSEL FOR THE RESPONDENT:

Mr Aldridge

SOLICITOR FOR THE RESPONDENT:

Murphys Lawyers Civil

Orders

The husband is to pay to the wife the sum of $100,000 by way of interim/partial property settlement. Such funds are to be paid to the solicitors for the wife to be applied by them for the purpose of funding the wife’s defence in criminal charges brought by the Crown in relation to alleged actions by the wife during the time she worked at the W Business.
Any balance of the fund paid pursuant to order 1 herein is to be paid to the wife by her solicitors only upon conclusion of those criminal proceedings, including any appeal.
The husband is to pay to the wife the sum of $100,000 by way of interim costs. Such funds are to be paid to the solicitors for the wife to be applied by them for the purpose of funding the wife’s proceedings under the Family Law Act.
Any balance of the fund paid pursuant to order 3 herein is to be paid to the wife by her solicitors only upon conclusion of those family law proceedings, including any appeal.
Pending further order, the husband is to pay to the wife the sum of $1000 per week by way of interim spouse maintenance.
I note the wife seeks two (2) costs orders, one in respect of the applications which I have determined today and the other in relation to proceedings generally.
By the close of business 14 May 2008, the wife is to file any further written submissions she wishes to make in respect of the costs applications. Such document is to be provided to my Associate, and to the solicitors for the husband.
Within a further period of ten (10) days after receipt of those submissions, the husband is to file and serve any written submissions in reply. Such document is to be provided to my Associate.
I reserve my decision in relation to those costs.
Upon the determination of the outstanding costs applications referred to in these orders the matter is to be forthwith transferred to the Supreme Court of New South Wales to be consolidated with proceedings in that Court.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1755 of 2007

MRS YEATS

Applicant

And

MR…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Yeats and Yeats

Details

AGLC: Yeats and Yeats [2008] FamCA 430
Case: [2008] FamCA 430
Decision Date: 6 May 2008

CaseChat Overview and Summary

In *Yeats and Yeats*, Justice Le Poer Trench of the Family Court of Australia considered applications by the wife for interim property settlement, interim costs, and interim spousal maintenance, in circumstances where the wife was facing criminal charges.

The primary legal issues before the court were whether to grant interim financial relief to the wife, specifically concerning property settlement and costs, and whether to order interim spousal maintenance, given the wife's need to fund her defence in criminal proceedings and her own family law proceedings. The court also had to determine the appropriate allocation and management of any funds ordered.

Justice Le Poer Trench reasoned that it was appropriate to make orders for interim property settlement and interim costs to enable the wife to fund her defence in the criminal proceedings and her family law proceedings. The court ordered the husband to pay $100,000 for interim property settlement, to be applied by the wife's solicitors towards her criminal defence, with any balance to be paid to the wife only upon conclusion of those proceedings. A further $100,000 was ordered for interim costs to fund the wife's family law proceedings, with a similar provision for any remaining balance. Additionally, the court ordered interim spousal maintenance of $1000 per week pending further order. The court reserved its decision on costs applications, requiring further submissions from both parties, and ordered the matter to be transferred to the Supreme Court of New South Wales upon determination of the outstanding costs applications.

Orders

Orders of the court

The husband is to pay to the wife the sum of $100,000 by way of interim/partial property settlement. Such funds are to be paid to the solicitors for the wife to be applied by them for the purpose of funding the wife’s defence in criminal charges brought by the Crown in relation to alleged actions by the wife during the time she worked at the W Business.

Any balance of the fund paid pursuant to order 1 herein is to be paid to the wife by her solicitors only upon conclusion of those criminal proceedings, including any appeal.

The husband is to pay to the wife the sum of $100,000 by way of interim costs. Such funds are to be paid to the solicitors for the wife to be applied by them for the purpose of funding the wife’s proceedings under the Family Law Act.

Any balance of the fund paid pursuant to order 3 herein is to be paid to the wife by her solicitors only upon conclusion of those family law proceedings, including any appeal.

Pending further order, the husband is to pay to the wife the sum of $1000 per week by way of interim spouse maintenance.

I note the wife seeks two (2) costs orders, one in respect of the applications which I have determined today and the other in relation to proceedings generally.

By the close of business 14 May 2008, the wife is to file any further written submissions she wishes to make in respect of the costs applications. Such document is to be provided to my Associate, and to the solicitors for the husband.

Within a further period of ten (10) days after receipt of those submissions, the husband is to file and serve any written submissions in reply. Such document is to be provided to my Associate.

I reserve my decision in relation to those costs.

10.

Upon the determination of the outstanding costs applications referred to in these orders the matter is to be forthwith transferred to the Supreme Court of New South Wales to be consolidated with proceedings in that Court.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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