Barone and Whittle

Case [2019] FamCA 924

FAMILY COURT OF AUSTRALIA

BARONE & WHITTLE [2019] FamCA 924
FAMILY LAW – PROPERTY – interim application – where the applicant in the substantive proceedings seeks orders pursuant to s 90SM of the Family Law Act 1975 (Cth) – where respondent in the substantive proceedings denies the existence of the de facto relationship – where the respondent seeks the issue of the de facto relationship be determined as a separate and threshold issue – application for determination of threshold issue or bifurcation – applicant opposes separate determination – where overlap of facts relevant to the determination of jurisdiction and issues relevant to s 90SB(a) and (c) and s 90SM– no separate determination ordered.
Family Law Act 1975 (Cth) ss 4AA, 90SB, 90SM, 114(2A)
Family Law Rules 2004 (Cth) rr 1.04, 10.13, 10.14
Uniform Civil Procedure Rules 2005 (NSW) r 28.2
DMW v CGW (1982) 151 CLR 491
Norton & Locke (2013) FLC 93-567
Sinclair & Whittaker (2013) FLC 93-551
Somers & Collier [2017] FamCAFC 123
Southwell v Bennett [2010] NSWSC 1372
Wernham & Campagnola [2012] FamCAFC 137
Yunghanns & Ors v Yunghanns & Ors (1998) FLC 92-836
Zagoreos & Zagoreos (2018) 57 Fam LR 358
APPLICANT: Mr Barone
RESPONDENT: Ms Whittle
FILE NUMBER: SYC 2251 of 2018
DATE DELIVERED: 6 December 2019
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Harper J
HEARING DATE: 6 November 2019

REPRESENTATION

COUNSEL FOR APPLICANT: Dr Birch SC
SOLICITOR FOR APPLICANT: V L Macri Lawyers
COUNSEL FOR RESPONDENT: Mr Richardson SC
SOLICITOR FOR RESPONDENT: Vizzone Ruggero Twigg Lawyers

Orders

  1. The proceedings shall proceed to finality on all issues of fact and law to be heard together.

  2. The parties confer by no later than 4.00 pm on 13 December 2019 for the purpose of producing agreed Short Minutes with all necessary procedural orders for the further progress of the proceedings to be submitted to Chambers by no later than 4.00 pm on 16 December 2019.

  3. In the event the parties are unable reach agreement in accordance with Order 2, each party is to submit to Chambers by no later than 4.00pm on 16 December 2019 the proposed Short Minutes with all necessary procedural orders for which they contend for the further progress of the proceedings.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Barone & Whittle has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2251 of 2018

Mr Barone

And

Ms Whittle

REASONS FOR JUDGMENT

  1. In these proceedings a central factual issue is the existence…

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AGLC
Barone and Whittle [2019] FamCA 924
Case
[2019] FamCA 924
Decision Date

CaseChat Overview and Summary

In the proceedings before Harper J, the parties were Barone and Whittle. The nature of the dispute and the specific claims or defences are not detailed in the provided text. The court was tasked with determining the procedural path for the resolution of the matter.

The central legal issue before the court was how the proceedings should be managed to ensure their efficient and final determination. This involved considering whether all aspects of the dispute, encompassing both factual and legal questions, should be heard concurrently. The court also had to establish a framework for the parties to agree on or propose procedural orders for the future conduct of the case.

Harper J ordered that the proceedings were to proceed to finality, with all issues of fact and law to be heard together. The parties were directed to confer by a specified date to produce agreed Short Minutes containing all necessary procedural orders for the further progress of the proceedings, to be submitted to Chambers shortly thereafter. If agreement could not be reached, each party was to submit their own proposed Short Minutes with their contended procedural orders for the court's consideration.

Orders

Orders of the court

1.

The proceedings shall proceed to finality on all issues of fact and law to be heard together.

2.

The parties confer by no later than 4.00 pm on 13 December 2019 for the purpose of producing agreed Short Minutes with all necessary procedural orders for the further progress of the proceedings to be submitted to Chambers by no later than 4.00 pm on 16 December 2019.

3.

In the event the parties are unable reach agreement in accordance with Order 2, each party is to submit to Chambers by no later than 4.00pm on 16 December 2019 the proposed Short Minutes with all necessary procedural orders for which they contend for the further progress of the proceedings.

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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