FEDERAL CIRCUIT COURT OF AUSTRALIA
| BECKER & VALE & ORS | [2016] FCCA 3290 |
| Catchwords: FAMILY LAW – Property – Application for Property Adjustment Orders – Application for joinder of third parties. |
| Legislation: Federal Circuit Court Rule 2001, rr.11.01, 11.02 |
| Cases cited: A Bank & Coleiro & Anor [2011] FamCAFC 157 Wayne & Dillon & Anor [2008] FamCAFC 204 |
| Applicant: | MS BECKER |
| First Respondent: | MR VALE |
| Proposed Third Parties: | MR C VALE; (OMITTED) PTY LTD; and |
| File Number: | BRC 387 of 2016 |
| Judgment of: | Judge Lapthorn |
| Hearing date: | 27 October 2016 |
| Date of Last Submission: | 27 October 2016 |
| Delivered at: | Brisbane |
| Delivered on: | 20 December 2016 |
REPRESENTATION
| Counsel for the Applicant: | Dr Brasch QC |
| Solicitors for the Applicant: | Evans & Company Family Lawyers |
| Counsel for the First Respondent: | Ms Oakley |
| Solicitors for the First Respondent: | Quinn & Scattini |
| Counsel for the Proposed Third Parties: | Ms McDiarmid |
| Solicitors for the Proposed Third Parties: | Springwood Lawyers |
ORDERS
The Application to join Mr C Vale as a party to the proceedings be dismissed.
The Application to join (omitted) Pty Ltd (ACN (omitted)) as a party to the proceedings be dismissed.
The Application to join (omitted) Pty Ltd ((omitted)) as a party to the proceedings be dismissed.
I certify for Counsel.
That the proposed third parties file written submissions in relation to costs by 4.00pm 27 January 2017.
That the respondent file written submissions in relation to costs by 4.00pm 3 February 2017.
That the applicant file written submissions in relation to costs by 4.00pm 17 February 2017.
IT IS NOTED that publication of this judgment under the pseudonym Becker & Vale & Ors is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT BRISBANE |
BRC 387 of 2016
| MS BECKER |
Applicant
And
| MR VALE |
First Respondent
| MR C VALE; (OMITTED) PTY LTD; and (OMITTED) PTY LTD |
Proposed Third Parties
REASONS FOR JUDGMENT
Introduction
By way of an Application in a Case filed 19 August 2016 the applicant, Ms Becker, sought orders, inter alia, for the joinder of Mr C Vale, (omitted) Pty Ltd (“(omitted) Pty Ltd”), and (omitted) Pty Ltd (“(omitted)”) as parties (“the proposed third parties”) to the substantive proceedings for property adjustment orders. This application was amended on 18 October 2016.
The applicant is 60 years of age and the respondent is 74. They commenced to live together in a de facto relationship in 1995 and separated on 21 December 2015. The substantive proceedings currently before the court were commenced by the Applicant filing an Initiating Application on 18 January 2016.
Mr C Vale is the son of the respondent, Mr Vale. He is the sole director of (omitted) Pty Ltd and (business omitted). In January 2016 the respondent appointed Mr C Vale as the (occupation omitted) for (omitted) Pty Ltd (“(omitted) Pty Ltd”). This role was previously undertaken by the applicant. Upon his appointment to the role, (omitted) Pty Ltd was appointed as an agent of (omitted) Pty…
Continue reading Becker and Vale and Ors
Sign in free to access the full text
- AGLC
- Becker and Vale and Ors [2016] FCCA 3290
- Case
- [2016] FCCA 3290
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether it was appropriate to grant the applications to join Mr C Vale and the two companies as third parties to the existing litigation. This involved considering the legal tests and principles governing the joinder of additional parties in Australian court proceedings, particularly in circumstances where their involvement might be considered necessary or desirable for the just and convenient determination of the dispute.
Judge Lapthorn dismissed all applications to join the proposed third parties. While the specific reasoning for this dismissal was not elaborated upon in the provided text, the outcome indicates that the court found insufficient grounds to permit their joinder. The court then made orders regarding the filing of written submissions on the issue of costs by the applicant and the proposed third parties, indicating that the question of costs would be determined following further submissions.
Orders
Orders of the court
1.
The Application to join Mr C Vale as a party to the proceedings be dismissed.
2.
The Application to join (omitted) Pty Ltd (ACN (omitted)) as a party to the proceedings be dismissed.
3.
The Application to join (omitted) Pty Ltd ((omitted)) as a party to the proceedings be dismissed.
4.
I certify for Counsel.
5.
That the proposed third parties file written submissions in relation to costs by 4.00pm 27 January 2017.
6.
That the respondent file written submissions in relation to costs by 4.00pm 3 February 2017.
7.
That the applicant file written submissions in relation to costs by 4.00pm 17 February 2017.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.