ANGLISS & ANGLISS

Case

[2016] FamCA 74

17 February 2016


Details
AGLC Case Decision Date
ANGLISS & ANGLISS [2016] FamCA 74 [2016] FamCA 74 17 February 2016

CaseChat Overview and Summary

In the matter of ANGLISS & ANGLISS, Forrest J considered applications concerning property settlement and disclosure between the husband and wife. The dispute involved the wife's ongoing responsibility for the fees of a single expert accountant, B Auditors, appointed to assess the parties' financial circumstances, and the husband's obligation to provide further disclosure to the wife. The wife argued that a change in her financial circumstances, leading to a disparity in income between the parties, should affect her joint responsibility for the expert's fees, and she sought access to additional financial documents and information from the husband.

The court was required to determine whether the wife remained jointly responsible for the payment of the single expert's fees, given the alleged change in her financial position. Additionally, the court had to consider whether the husband should be compelled to provide further disclosure to the wife, specifically regarding internet banking access to his personal accounts and further financial statements from his business entities. The court also needed to address the husband's obligation to provide necessary information and documents to the single expert.

Forrest J reasoned that while the ultimate responsibility for the expert's fees would be determined at trial, the husband was ordered to ensure all invoices issued to both parties jointly were paid within their terms. The husband was also directed to disclose the source of funds used for these payments. The court further ordered the husband to provide any further information or documents reasonably requested by the expert, and if he asserted an inability to do so, he was to file an affidavit detailing the circumstances. Regarding disclosure, the husband was ordered to provide the wife with copies of documents provided to the single expert, reinstate her internet viewing access to various bank accounts, and supply copies of all bank statements and monthly financial statements for specified entities and periods. The court also ordered the disclosure of documents relating to a specific project undertaken by one of the husband's entities. The costs of photocopying or printing documents provided to the wife were to be met by her.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Injunction

  • Remedies

  • Judicial Review

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