FAMILY COURT OF AUSTRALIA
| ZADENEV & ZADENEV | [2013] FamCA 838 |
| FAMILY LAW – INTERIM PROPERTY SETTLEMENT FAMILY LAW – interim costs |
| Family Law Act 1975 (Cth) |
| Strahan & Strahan (2011) FLC 93-466 Stein & Stein (2000) FLC 93-004 |
| APPLICANT: | Ms Zadenev |
| RESPONDENT: | Mr Zadenev |
| FILE NUMBER: | SYC | 2142 | of | 2013 |
| DATE DELIVERED: | 24 October 2013 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 27 May 2013 and 5 June 2013 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Batey |
| SOLICITOR FOR THE APPLICANT: | Selvaggio Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Kearney, SC |
| SOLICITOR FOR THE RESPONDENT: | Barkus Doolan Kelly |
Orders
PENDING FURTHER ORDER:
As soon as practicable after it is completed, the husband both personally and in his capacity as a director of any relevant corporate entity associated with the building services business, do all acts and things and sign all documents necessary and use his best endeavours to cause a copy of the valuation currently being prepared by B Accountants in respect of the business, to be made available to the wife.
The husband pay to the wife by way of spousal maintenance the sum of $1,914 per week.
I note that the wife is currently receiving a further amount of $1,500 per week from the husband or the entities he controls; $750 by way of spousal maintenance and $750 by way of child support.
The husband continue to pay or alternatively cause entities that he controls to continue to pay, those expenses which are identified in Part N of the wife’s financial statement filed 22 April 2013 and in the husband’s Amended Response filed 20 May 2013, namely:
4.1.all periodic mortgage repayments in relation to the mortgage to the National Australia Bank secured over the title of the Suburb C home;
4.2.Council and water rates of the Suburb C home;
4.3.land tax (if any) of the Suburb C home;
4.4.house and contents insurance of the Suburb C home;
4.5.house repairs of the Suburb C home;
4.6.gas;
4.7.electricity;
4.8.heating fuel;
4.9.telephone (land line and mobile) and the internet connection at the home;
4.10.motor vehicle repayments;
4.11.motor vehicle petrol card (to a maximum of $150 per week);
4.12.motor vehicle maintenance;
4.13.medical, dental and optical (not including health insurance premiums) for the wife;
4.14.gardening/lawn mowing;
4.15.cleaning house and pool;
4.16.pay television subscription;
4.17.Roam Express toll charges (to a maximum of $15 per week); and
4.18.private health insurance cover for the wife at…
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- AGLC
- Zadenev & Zadenev [2013] FamCA 838
- Case
- [2013] FamCA 838
- Decision Date
CaseChat Overview and Summary
The court was required to determine the terms of interim spousal maintenance, the extent of the husband's ongoing financial obligations, and whether to order the sale of the parties' home. Specifically, the court had to consider the husband's proposal regarding the deduction of child support from spousal maintenance and the wife's opposition to such an arrangement.
Watts J ordered that the husband pay the wife $1,914 per week by way of spousal maintenance. The court noted that the wife was already receiving $1,500 per week from the husband or his controlled entities, comprising $750 for spousal maintenance and $750 for child support. The husband was also ordered to continue paying, or cause his entities to pay, specific expenses detailed in the parties' financial statements, including mortgage repayments, rates, insurance, utilities, and motor vehicle expenses for the wife. Furthermore, the husband provided an undertaking to cover school fees, educational costs, therapy, and lessons for the child, D, as well as private health insurance for the children. The wife and children were granted exclusive occupancy of the Suburb C home, with the husband responsible for outgoings and required to facilitate reasonable time with the children at the property. The husband's application for the sale of the Suburb C property was dismissed.
Orders
Orders of the court
PENDING FURTHER ORDER:
1.
As soon as practicable after it is completed, the husband both personally and in his capacity as a director of any relevant corporate entity associated with the building services business, do all acts and things and sign all documents necessary and use his best endeavours to cause a copy of the valuation currently being prepared by B Accountants in respect of the business, to be made available to the wife.
2.
The husband pay to the wife by way of spousal maintenance the sum of $1,914 per week.
3.
I note that the wife is currently receiving a further amount of $1,500 per week from the husband or the entities he controls; $750 by way of spousal maintenance and $750 by way of child support.
4.
The husband continue to pay or alternatively cause entities that he controls to continue to pay, those expenses which are identified in Part N of the wife’s financial statement filed 22 April 2013 and in the husband’s Amended Response filed 20 May 2013, namely:
4.1. all periodic mortgage repayments in relation to the mortgage to the National Australia Bank secured over the title of the Suburb C home;
4.2. Council and water rates of the Suburb C home;
4.3. land tax (if any) of the Suburb C home;
4.4. house and contents insurance of the Suburb C home;
4.5. house repairs of the Suburb C home;
4.6. gas;
4.7. electricity;
4.8. heating fuel;
4.9. telephone (land line and mobile) and the internet connection at the home;
4.10. motor vehicle repayments;
4.11. motor vehicle petrol card (to a maximum of $150 per week);
4.12. motor vehicle maintenance;
4.13. medical, dental and optical (not including health insurance premiums) for the wife;
4.14. gardening/lawn mowing;
4.15. cleaning house and pool;
4.16. pay television subscription;
4.17. Roam Express toll charges (to a maximum of $15 per week); and
4.18. private health insurance cover for the wife at the existing rate.
5.
The husband gave the following undertaking; that the husband or entities he controls shall pay:
5.1. school fees for D;
5.2. textbooks and other schooling costs for D over and above the tuition fees;
5.3. occupational therapy for D,
5.4. singing lessons for D (to a maximum of $33 per week),
5.5. piano lessons for D (to a maximum of $33 per week),
5.6. football registration fees and associates expenses for D (to a maximum of $60 per week).
5.7. private health insurance cover for the children at the existing level.
6.
The wife and children have exclusive occupancy of the Suburb C property with the husband paying outgoings on that property (as required by order 4) and for the husband to have the right to come to the property for the purposes of spending reasonable time with the two children.
7.
The husband’s application for sale of the Suburb C property is dismissed.
8.
This matter be listed for further mention before me on 25 November 2013 at 9.30am.
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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