Federal Circuit and Family Court of Australia
(DIVISION 1)
Adamson & Korac (No 2) [2022] FedCFamC1F 638
File number(s): SYC 4996 of 2019 Judgment of: CAMPTON J Date of judgment: 26 August 2022 Catchwords: FAMILY LAW – PROPERTY – Application in a proceeding to join the husband’s partner (or former partner) and a company as parties to the proceedings, and to have that company valued by the single expert forensic accountant – Where the wife contends that the husband’s partner (or former partner) operates the relevant company for the benefit of the husband – Where the wife discloses a prima facie arguable claim against the proposed additional respondents that could not be said “fanciful” – Where the costs of the valuation report is to be shared in unequal proportions between the parties. Legislation: Evidence Act 1995 (Cth) ss 50, 140
Family Law Act 1975 (Cth) ss 78, 79
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 2.50, 3.01
Cases cited: Adamson & Korac [2022] FedCFamC1F 528
Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34
Ebner & Pappas (2014) FLC 93-619; [2014] FamCAFC 229
Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471; [2004] HCA 55
Hadjiloucas v Crean [1988] 1 WLR 1006
Hancock Family Memorial Foundation Ltd v Fieldhouse [No 3] [2010] WASC 223
Scott v Commissioner of Taxation (No 2) (1966) 40 ALJR 265
Sharment Pty Ltd v Official Trustee in Bankruptcy (1998) 18 FCR 449
Stanford & Stanford (2012) 247 CLR 108; [2012] HCA 52
Wayne & Dillon & Anor [2008] FamCAFC 204
Whitford & Whitford (1979) FLC 90-612
Division: Division 1 First Instance Number of paragraphs: 76 Date of hearing: 10 August 2022 Place: Sydney Counsel for the Applicant: Mr Sweeney Solicitor for the Applicant: Farrar Gesini Dunn Counsel for the Respondent: Ms Lioumis Solicitor for the Respondent: Family Law Practice Australia Pty Ltd Counsel for the second and third respondents: Mr Stapleton Solicitor for the second and third respondents: Lander & Rogers ORDERS
SYC 4996 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ADAMSON
ApplicantAND: MR KORAC
First RespondentC PTY LTD
Second RespondentMS B
Third Respondent
order made by:
CAMPTON J
DATE OF ORDER:
26 AUGUST 2022
THE COURT ORDERS THAT:
1.The wife be granted leave pursuant to Pt 2.8 of the Federal Circuit and Family Court of Australia (Family Law) Rules2021 (Cth) to amend her final relief in accordance with her proposed Further Amended Initiating Application, being Exhibit 2, such Further Amended Initiating Application to be filed and served within seven days of the date of these Orders.
2.Pursuant to Pt 3.1 of the Rules, C Pty Ltd (“C Pty Ltd”) be joined as second respondent to these proceedings and Ms B be joined as third respondent to these proceedings.
3.The each of the husband, the second respondent and third respondent file and serve any Response to…
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- AGLC
- Adamson & Korac (No 2) [2022] FedCFamC1F 638
- Case
- [2022] FedCFamC1F 638
- Decision Date
CaseChat Overview and Summary
The court examined the procedural rules under Part 2.8 of the Rules which governs the amendment of substantive relief sought at any time after a proceeding has been allocated dates for trial. The court found that the wife had complied with these rules for her application. Additionally, the court considered Part 3.1 of the rules concerning the joinder of parties, specifically Rule 3.01, which requires a person whose rights may be directly affected by an issue in the proceeding to be included as a party if their participation is necessary for the court to determine all issues in dispute. In this case, the wife argued that the additional respondents would be directly affected by the issues in dispute and their participation was necessary.
The court concluded that the wife's application for leave to amend her final relief was appropriate and granted the application to join C Pty Ltd and Ms B as respondents. The court also ordered that consent orders would be made in terms of Exhibit 10 and that a further report would be obtained from Mr J, with costs to be shared between the parties. The relief sought by Ms B and C Pty Ltd for security for costs was dismissed on terms.
In summary, the court granted the wife's application to amend her final relief to include additional respondents, ordered consent orders, and directed the procurement of a further report with specified cost-sharing arrangements. The relief for security for costs was dismissed on terms.
Orders
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