Aarons & Aarons - [2022] FedCFamC1F 294

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Aarons & Aarons [2022] FedCFamC1F 294

File number(s): MLC 6647 of 2021

Judgment of: WILSON J

Date of judgment: 28 April 2022

Catchwords: FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – trial fixed to commence on 16 May 2022 – late applications for various evidentiary orders.

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175

Division: Division 1 First Instance

Number of paragraphs: 35

Date of hearing: 27 April 2022

Place: Melbourne

Counsel for the Applicant: Mr P. Bick QC

Solicitor for the Applicant: Strongman & Crouch

Counsel for the Respondent: Mr B Geddes QC with Mr C Nehmy

Solicitor for the Respondent: Hargreaves Family Lawyers
ORDERS

MLC 6647 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR AARONS

Applicant

AND:
MS AARONS

Respondent

ORDER MADE BY:

WILSON J

DATE OF ORDER:

28 APRIL 2022

THE COURT ORDERS THAT:
1.The date in paragraph 20 of the consent orders made by me on 1 February 2022 is amended from 2 May to 6 May.
2.The date in paragraph 21 of the consent orders made by me on 1 February 2022 is amended from 9 May 2022 to 10 May 2022.
3.The first date mentioned in paragraph 26 of the consent orders made by me on 1 February 2022 is amended from 2 May 2022 to 10 May 2022 and the second date mentioned in that paragraph of those orders is amended from 9 May 2022 to 11 May 2022.
4.On or before 4:00pm on 29 April 2022 Queen’s Counsel for the parties must confer in relation to each of the paragraphs 1 to 7 of the husband’s application sealed on 26 April 2022 and also in relation to the wife’s application in the proceeding dated 27 April 2022.
5.On or before noon on 4 May 2022, the wife must file and serve any affidavit material upon which she relies in opposition to the husband’s application in a proceeding sealed 26 April 2022.
6.On or before noon on 4 May 2022, the husband must file and serve any affidavit material on which he relies in opposition to the wife’s application in a proceeding dated 27 April 2022.
7.I fix the hearing of the husband’s application in a proceeding sealed 26 April 2022 and the wife’s application in a proceeding dated 27 April for 6 May 2022 from 8:00am to 9:30 am, then from 1:00pm to 2:00pm, then from 4:00pm to 6:00pm.
8.I reserve costs of and incidental to the hearing before me on 27 April and this day and I certify for counsel, including Queen’s Counsel.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to…

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 Aarons & Aarons

Details

AGLC: Aarons & Aarons [2022] FedCFamC1F 294
Case: [2022] FedCFamC1F 294
Decision Date

CaseChat Overview and Summary

Aarons & Aarons involved a proceeding in the Federal Circuit and Family Court of Australia (Division 1) that was fixed for trial on 16 May 2022. The matter was in the Major Complex Financial Proceedings List. The husband filed an application on 22 April 2022, seeking various orders, and the wife filed an application on 27 April 2022, seeking leave to rely on an actuarial report. An urgent hearing was convened on 27 April 2022 for directions. The wife was short-served and wanted more time to respond to the husband's application. The husband wanted to preserve the trial date of 16 May 2022. The court had to decide whether to vary the consent trial orders, and if so, how. The court also had to decide on directions for the husband's and wife's applications. The court decided to vary the consent trial orders to accommodate the husband's delay in filing his material. The court fixed a hearing date for the husband's and wife's applications, and ordered that Queen's Counsel for the parties confer on the applications before the hearing. The court also reserved costs of and incidental to the directions hearing. The final orders included amending certain dates in the consent trial orders, setting a conference time for Queen's Counsel, setting filing deadlines for affidavit material, and fixing a hearing time for the applications.

Orders