Property – interim order compelling parties to pay mortgage outgoings set aside – proximity of the parties’ mediation irrelevant – Proctor

In Fei & Woong [2021] FamCAFC 2 (22 January 2021) Kent J (sitting in the appellate jurisdiction of the Family Court of Australia) allowed an appeal from an interim order made after counsel for the wife made an application for the husband to meet all mortgage payments.

The wife relied upon the husband’s income of $12,396 a week as against the wife’s income of $200 a week. Counsel for the husband contended each party had capital. The court ordered each party to be equally responsible for all mortgage payments, noting that would entail only “two to three mortgage payments” before mediation.

The wife appealed. Kent J said (from [58]):

“ … [T]he … judge’s reasons … support the wife’s argument that his Honour…