FAMILY COURT OF AUSTRALIA
| ARMINGTON & ARMINGTON AND ORS (NO. 2) | [2020] FamCA 751 |
| FAMILY LAW – LITIGATION FUNDING – dollar-for-dollar orders made in the Federal Circuit Court of Australia on 13 May 2019 – case transferred to this court – respondent applying to discharge the dollar-for-dollar order – Johns J refusing that application – respondent applying again to discharge the orders made on 13 May 2019 – application refused. |
| Corporations Act 2001 (Cth) s 500(2) Family Law Act 1975 (Cth) s 117 |
| APPLICANT: | Ms Armington |
| FIRST RESPONDENT: | Mr Armington |
| SECOND RESPONDENT: | Company A Pty Ltd (ACN …) |
| THIRD RESPONDENT: | Company B Pty Ltd (ACN …) |
| FOURTH RESPONDENT: | Company C Pty Ltd (ACN …) |
| |
| |
| SEVENTH RESPONDENT: | Company K2 Pty Ltd (Formerly Company K Pty Ltd) |
| FILE NUMBER: | MLC | 1627 | of | 2016 |
| DATE DELIVERED: | 9 September 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 19 August 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms S. Mariole |
| SOLICITOR FOR THE APPLICANT: | Taussig Cherrie Fildes |
| COUNSEL FOR THE FIRST RESPONDENT: | Not applicable |
| SOLICITOR FOR THE FIRST RESPONDENT: | Not applicable |
| COUNSEL FOR THE SECOND RESPONDENT: | Not applicable |
| SOLICITOR FOR THE SECOND RESPONDENT: |
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- Case
- [2020] FamCA 751
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether to grant an application by the first respondent, and secondly, whether to make an order *nunc pro tunc* under section 500(2) of the *Corporations Act 2001* (Cth) to join the fifth, sixth, and seventh respondents to the proceeding.
Wilson J dismissed the first respondent’s application. However, the Court made an order *nunc pro tunc* joining the fifth, sixth, and seventh respondents to the proceeding, signifying that the order was to have effect as if it had been made at an earlier time. The final form of this order was subject to its entry in the Court's records.
Orders
Orders of the court
1.
The first respondent’s application in a case dated 7 August 2020 is dismissed.
2.
I make an order nunc pro tunc under s 500(2) of the Corporations Act joining the fifth, sixth and seventh respondents to this proceeding.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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