Aarons & Aarons

In this matter before Wilson J of the Family Court of Australia, Mr Aarons (the husband) sought orders enforcing a financial agreement made with Ms Aarons (the wife) on 13 October 2014. The wife subsequently commenced proceedings in the Supreme Court of Victoria, seeking restraining orders under the Corporations Act concerning 27 companies, with the husband as the first respondent. The wife also filed a response in the Family Court, seeking either the transfer of the Family Court proceeding to the Supreme Court to be heard concurrently with the Victorian proceeding, or a stay of the Family Court proceeding until the resolution of the Supreme Court matter. The husband, in turn, sought to have the Supreme Court proceeding transferred to the Family Court.

The court was required to determine several legal issues. Primarily, it needed to consider the husband's application to set aside the financial agreement, which was filed as an alternative to his initial enforcement application. Additionally, the court had to address the wife's applications for transfer or stay of proceedings, and the husband's application for transfer of the Supreme Court proceeding. The court also considered an application for expedition under rule 12.10A of the Family Law Rules.

Wilson J granted leave under rule 12.10A for the proceeding to be heard with expedition. The court directed the parties to submit minutes by a specified date to establish a timetable for the filing of affidavit evidence and submissions. A trial date was fixed for the husband's application to set aside the financial agreement, to be heard in October 2021. The costs of the application were reserved, and the court certified for counsel, including Senior Counsel.