Agnarsson & Agnarsson (No 5)
[2025] FedCFamC1F 398
•16 June 2025
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Agnarsson & Agnarsson (No 5) [2025] FedCFamC1F 398
File number: CAC 491 of 2023 Judgment of: GILL J Date of judgment: 16 June 2025 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application by the wife to join husband’s litigation funder – Where litigation funder has placed caveats over properties in the wife’s name – Where litigation funder is joined – Procedural relief sought by intervener – Where law firm seeks joinder – Procedural relief in the form of notice by registrar. Legislation: Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Division: Division 1 First Instance Number of paragraphs: 10 Date of hearing: 16 June 2025 Place: Canberra Counsel for the Applicant: Mr Gardiner Solicitor for the Applicant: McGirr Lawyers Counsel for the First Respondent: Ms Haughton Solicitor for the First Respondent: Elringtons Lawyers Solicitor for the Second Respondent: Not in attendance Solicitor for the Intervener: Ms Q, P Lawyers ORDERS
CAC 491 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR AGNARSSON
Applicant
AND: MS AGNARSSON
First Respondent
O LAWYERS
Third Party
P LAWYERS
Intervener
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
GILL J
DATE OF ORDER:
16 JUNE 2025
IT IS NOTED THAT:
A.P Lawyers sought joinder as a party to the proceedings but have sought no substantive relief in the proceedings. The only relief sought is a procedural form of relief being that they be placed on notice should the parties be advised that judgment will be delivered in this case or should the parties file consent terms, on the basis that they will claim against the husband a fruits of litigation lien.
THE COURT ORDERS THAT:
1.The application for joinder is refused.
2.I direct that on notice being given to the parties of final judgment being delivered in the property aspect of these proceedings or on the parties presenting to the Court consent terms for the final resolution of these proceedings, that the firm P Lawyers be notified by a Registrar of this Court of that fact, with such notice to be sent in advance of the delivery of judgment or in the advance of the making of any consent terms to …@….
3.The trial of this matter is listed for final hearing commencing at 10:00am on 8 September 2025 for a period of seven days.
IT IS FURTHER NOTED THAT:
B.In the event that the trial does not complete within the seven day allocated period the parties are on notice that the trial will continue on from those allocated dates.
IT IS FURTHER ORDERED THAT:
4.The husband is to file and serve an Amended Initiating Application setting out the orders that he seeks at final hearing of the matter by 4:00pm on 30 June 2025.
5.In the event that the husband files such Amended Initiating Application, then the wife is to file and serve any response to the Amended Initiating Application within seven days therefrom.
6.The husband is to file and serve a single consolidated affidavit from himself and each witness he intends to rely upon by 4:00pm on 14 of July 2025.
7.The wife is to file and serve a single consolidated affidavit from herself and each witness she intends to rely upon by 4:00pm on 4 August 2025.
8.The husband may file material strictly in reply by no later than 4:00pm on 11 August 2025.
9.The parties are to file a joint balance sheet by 4:00pm on 25 August 2025, with such balance sheet to indicate the assets and liabilities for which there is agreement and those in respect of which the parties do not agree.
10.The parties are to file and serve case documents by 4:00pm on 1 September 2025.
11.The parties are permitted to issue such subpoenas as are necessary to prepare the matter for trial provided none is made returnable later than 7 July 2025 without first obtaining the leave of the Court otherwise.
12.Any party is at liberty to seek a relisting of this matter should circumstances arise which indicate that the trial may not be able to go ahead on the allocated dates.
13.The Applications for Review filed by the husband on 29 May 2025 and 30 May 2025 in respect of procedural directions given by Senior Judicial Registrar Evans are dismissed.
14.The Application in Proceedings filed by the husband on 27 May 2025 dealing with procedural directions in respect of the joinder of P Lawyers is dismissed.
IS IT FURTHER ORDERED THAT:
15.O Lawyers is joined as a party to these proceedings.
16.The proceedings insofar as they relate to the removal of caveats from the ACT based properties, costs associated with such proceeding and damages claimed for such proceedings, are adjourned for further directions at 10:00am on 4 July 2025.
17.The wife’s costs of today are reserved.
IT IS ORDERED IN CHAMBERS THAT:
18.Page 38 of the wife’s affidavit of 28 May 2025 is marked as Exhibit W1 in these proceedings and page 40 and following of the wife’s tender bundle of 30 May 2025 is marked as Exhibit W2 in these proceeding
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.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
GILL J:
In these proceedings, the wife has filed an application for relief directed to O Lawyers (“O Lawyers”). In order to secure that relief, the wife has sought the joinder of that party to these proceedings.
The relief sought by the wife comes in three general respects. The first is in support of the injunctive relief previously secured by the wife from this Court, that has enabled her to sell various properties that are held in her name and are the subject of the s 79 proceedings within this Court. By that relief, she received authority to finalise such sales.
O Lawyers, who is a litigation funder for the husband, has sought to support their claims for payment from the husband by the lodging of various caveats upon real property held solely in the name of the wife. I am told by the appearing parties, which do not include O Lawyers, that the urgent issue of a removal of caveat for a New South Wales property has been resolved by consent. However, there remain a number of Territory properties which are currently the subject of caveats lodged by O Lawyers.
The first issue, then, is as to the requirement that O Lawyers be a party to these proceedings to deal with the proper operation of injunctions that have been put in place to advance this matter towards trial by enabling the sale of various properties and to prevent the frustration of those processes.
The second aspect relates to the costs of the proceedings to deal with those issues.
The third aspect deals with the wife’s claim for damages as against the husband, and against O Lawyers in respect of damages flowing from the lodgement of those caveats. The wife has indicated that she calls upon the cross-vested jurisdiction of the Supreme Court of the Australian Capital Territory as vested in this Court by the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth).
Each of these matters means that it is appropriate, as relief is being sought against O Lawyers, for O Lawyers to be joined to proceedings. It is notable that the issue of the ongoing nature of the caveats is currently the subject of lapsing notices that have been applied for.
Orders will be made joining O Lawyers and listing the matter for further directions.
I note that I am satisfied that O Lawyers is properly on notice of these proceedings. The solicitors for O Lawyers have indicated that they bear instructions for service in relation to these proceedings, and material contained in the wife’s tender bundle demonstrates the sending of the Application and the supporting affidavit to O Lawyers.
I mark as exhibits in the proceedings:
(a)Page 38 of the wife’s affidavit of 28 May 2025, and;
(b)Page 40 and following of the wife’s tender bundle of 30 May 2025.
I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Gill. Associate:
Dated: 18 June 2025
0
0
1