FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Artinos & Artinos (No 2) [2023] FedCFamC1F 37
File number(s): MLC 4132 of 2020 Judgment of: STRUM J Date of judgment: 1 February 2023 Catchwords: FAMILY LAW – PROPERTY – Valuation – Single expert witness – Application for adversarial expert witness – No conference with or questions to single expert witness – Application premature – Application adjourned to allow for clarification of single expert witness’ report to be undertaken under Division 7.1.6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 – Dismissal of application refused. Legislation: Federal Circuit and Family Court of Australia Act 2021 (Cth) s 67
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 Pt 7.1, rr 7.02, 7.08, 7.25, 7.26
Federal Circuit and Family Court of Australia, Family Law Case Management – Central Practice Direction, 28 November 2022
Cases cited: Bass & Bass [2008] FamCAFC 67; (2008) FLC 93-366
Daniels v Walker [2000] 1 WLR 1382
Lambard & Lambard (No 4) [2021] FamCA 47
Moretto & Cosola [2022] FedCFamC1F 433
Neales & Neales [2022] FedCFamC1A 41; (2022) FLC 94-079
Salmon and Ors & Salmon [2020] FamCAFC 134
Simonsen & Simonsen [2009] FamCA 698
Division: Division 1 First Instance Number of paragraphs: 34 Date of hearing: 1 February 2023 Place: Melbourne Counsel for the Applicant: Ms R. Stoikovska SC with Mr W. Newlands Solicitor for the Applicant: Blackwood Family Lawyers Counsel for the Respondents: Mr T. North SC with Ms T. Borger Solicitor for the Respondents: Belleli King and Associates ORDERS
MLC 4132 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS ARTINOS
Applicant
AND: MR ARTINOS
First Respondent
C PTY LTD
Second Respondent
order made by:
STRUM J
DATE OF ORDER:
2 FEBRUARY 2023
THE COURT ORDERS THAT:
1.Paragraphs [2] and [3] of the husband’s Application in a Proceeding filed 20 December 2022 be adjourned for Interim Defended Hearing on 2 May 2023 at 9.30 am, not to exceed 2 hours in duration.
2.Any further affidavits and/or written submissions be filed:
(a)by the husband - by not later than 4.00 pm on 18 April 2023; and
(b)by the wife - by not later than 25 April 2023.
BY CONSENT IT IS ORDERED THAT:
3.The final hearing listed on 1 February 2023, with an estimated hearing time of 5 days, be vacated.
4.Pursuant to rule 3.03(4) of the Federal Circuit and Family Court of Australia Rules (Family Law) 2021, leave be granted to the husband to join to the proceedings:
(a)B Pty Ltd as the Third Respondent; and
(b)D Pty Ltd as the Fourth Respondent.
5.The matter be re-listed for final hearing on 16 October 2023 with an estimated hearing time of 7-10 days.
6.Within 7 days, the husband serve the Third and Fourth Respondents with:
(a)A copy of these Orders;
(b)The wife’s Response to the Application in a Proceeding filed 27 January 2023 and affidavit(s) and written submission filed in support thereof;
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- Case
- [2023] FedCFamC1F 37
- Decision Date
CaseChat Overview and Summary
The final orders included adjourning paragraphs [2] and [3] of the husband's Application in a Proceeding for an Interim Defended Hearing, vacating the final hearing, granting leave to join additional respondents, re-listing the matter for final hearing, and setting deadlines for filing further affidavits and written submissions. The husband's application in a proceeding filed on 13 January 2023 and the husband's application in a proceeding filed on 20 December 2022 were dismissed, except for the adjourned paragraphs.
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