FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Agnarsson & Agnarsson (No 4) [2024] FedCFamC1F 407
File number: CAC 491 of 2023 Judgment of: AUSTIN J Date of judgment: 17 June 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Review of decision – Property – Where the husband seeks review of a selection of interim orders made by a senior judicial registrar (“the registrar”) concerning the treatment of six properties pending trial – Where the husband sought to rely upon an Amended Application for Review circulated late on the last business day before the hearing – Where it would be procedurally unfair to expect the wife to meet the amended application – Where the husband was confined to his initial Application for Review – Where the wife opposed the husband’s review application and was content to abide by the registrar’s orders – Where the husband does not presently hold a proprietary interest in the six properties – Where the wife should not be compelled to complete the purchases of the six properties – Where the contract to purchase one of the properties has been rescinded – Where the wife will be the sole registered proprietor of the properties if the purchases are completed – Where the wife intends to sell the properties and seeks to retain responsibility for the sales – Where there is no need for an order appointing the wife as trustee for sale of properties when she will be the exclusive owner – Where the husband seeks appointment of professional trustees to manage the sale of the properties due to his distrust of the wife – Where appointment of professional trustees is not a sensible solution – Where the wife is free to use the net proceeds of sale to retire debt and place any residue in trust with her solicitors – Where certain orders by the registrar are set aside – Where the husband’s application to substitute proposed orders for some of those set aside is dismissed – Husband’s stay application consensually dismissed – Wife’s costs application dismissed. Legislation: Evidence Act 1995 (Cth) s 57
Family Law Act 1975 (Cth) Pt VIII, ss 79, 80 and 114
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Pt 6.1, rr 6.02, 14.05 and 14.07
Cases cited: Agnarsson & Agnarsson (No 2) [2023] FedCFamC1F 1066
Bevan v Bevan (2013) 279 FLR 1; [2013] FamCAFC 116
Gabel v Yardley (2008) FLC 93-386; [2008] FamCAFC 162
Hickey & Hickey & Attorney-General for the Commonwealth of Australia (Intervener) (2003) FLC 93-143; [2003] FamCA 395
Lin & Ruan (2021) FLC 94-024; [2021] FamCAFC 90
Sarto & Sarto (2022) 65 Fam LR 605; [2022] FedCFamC1A 16
Stanford v Stanford (2012) 247 CLR 108; [2012] HCA 52
Strahan & Strahan (Interim Property Orders) (2011) FLC 93-466; [2009] FamCAFC 166
Division: Division 1 First Instance Number of paragraphs: 65 Date of hearing: 17 June 2024 Place: Newcastle (via Microsoft Teams) Counsel for the Applicant: Ms Gillies SC Solicitor…
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- AGLC
- Agnarsson & Agnarsson (No 4) [2024] FedCFamC1F 407
- Case
- [2024] FedCFamC1F 407
- Decision Date
CaseChat Overview and Summary
The court addressed several issues arising from the husband's application for review. The court held that the husband's application to file and rely upon an Amended Application for Review was dismissed as it would be procedurally unfair to expect the wife to meet the amended application. The husband was confined to his initial Application for Review. The court set aside certain orders made by the registrar and dismissed the husband's application to substitute proposed orders for some of those set aside. The husband's stay application was consensually dismissed and the wife's costs application was dismissed. The court found that the wife should not be compelled to complete the purchases of the six properties and that the wife could sell the properties and retain responsibility for the sales. The court held that there was no need for an order appointing the wife as trustee for sale of properties when she will be the exclusive owner. The appointment of professional trustees was not a sensible solution, and the wife was free to use the net proceeds of sale to retire debt and place any residue in trust with her solicitors.
The court made the following orders: the husband's oral application to file and rely upon the Amended Application for Review was dismissed; Orders 2, 3, 4 and 6 made by the senior judicial registrar were set aside; the husband's Application for Review was otherwise dismissed; the Application in a Proceeding was dismissed; and the wife's application for costs was dismissed. The respondent does not require the publication of Reasons for Order 5. The form of the order is subject to the entry in the Court’s records. This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors, or to record a variation to the order.
Orders
Orders of the court
CAC 491 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR AGNARSSON
Applicant
AND:
MS AGNARSSON
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
17 JUNE 2024
THE COURT ORDERS THAT:
1. The applicant’s oral application to file and rely upon the Amended Application for Review dated 14 June 2024 is dismissed.
2. Orders 2, 3, 4 and 6 made by the senior judicial registrar on 13 May 2024 are set aside.
3. The Application for Review filed on 15 May 2024 is otherwise dismissed.
4. The Application in a Proceeding filed on 24 May 2024 is dismissed.
5. The respondent’s application for costs is dismissed.
NOTATION
A. The respondent does not require the publication of Reasons for Order 5.
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 record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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