FEDERAL CIRCUIT COURT OF AUSTRALIA
Beckstead & Beckstead [2021] FCCA 566
| File number(s): | MLC 7993 of 2019 |
| Judgment of: | JUDGE HARLAND |
| Date of judgment: | 25 March 2021 |
| Catchwords: | FAMILY LAW – application for joinder – husband seeks to join wife’s former solicitor – wife seeking to set aside binding financial agreement – whether or not the husband has an arguable claim under the Trade Practices Act - whether or not the court has original jurisdiction – whether or not the joinder application is premature. |
| Legislation: | Trade Practices Act 1974 (Cth) ss 6(3), 52 Family Law Act 1975 (Cth) ss 79(4)(e), 90G, 90G(1)(b) Competition and Consumer Act 2010 (Cth) Federal Circuit Court Rules 2001 (Cth) rule 11.01 Federal Circuit Court Act 1999 (Cth) s 18 Fair Trading Act 1999 (Vic) ss 9, 158 |
| Cases cited: | Boland v Yates (1999) 167 ALR 575 Rasch Nominees Pty Ltd v Bartholomaeus [2012] SASC 70 Re Pamela Snyman v Laura Isabella Cooper; Allan John Cooper and Ors [1989] FCA 500 Mortensen v Enviro Water Tanks Pty Ltd [2020] FCCA 1951 F Firm & Ruane and Ors [2014] FamCAFC 189 Noll & Noll and Anor [2013] FamCAFC 24 ReWakim; Ex parte McNally (1999) 198 CLR 511 Reed & Reed [2016] FCCA 1338 |
| Number of paragraphs: | 77 |
| Date of last submission/s: | 16 December 2020 |
| Date of hearing: | 16 December 2020 |
| Place: | Melbourne |
| Counsel for the Applicant: | Ms Costello QC |
| Solicitor for the Applicant: | Cargill Family Law |
| Counsel for the Respondent: | Ms Vohra SC |
| Solicitor for the Respondent: | MST Lawyers |
| Counsel for the Proposed Second Respondent: | Ms Smallwood SC |
| Solicitor for the Proposed Second Respondent: | Colin Biggers & Paisley |
ORDERS
| MLC 7993 of 2019 | ||
| BETWEEN: | MR BECKSTEAD Applicant | |
| AND: | MS BECKSTEAD Respondent | |
ORDER MADE BY: | JUDGE HARLAND | |
DATE OF ORDER: | 16 DECEMBER 2020 | |
THE COURT ORDERS THAT:
The application in a case filed on 12 August 2020 be dismissed.
The respondent wife and Ms B file and serve submissions with respect to their applications for costs within 21 days.
The husband file his response to submissions as to costs within 21 days thereafter.
Within 14 days the parties confer and submit a minute of order setting out the trial directions they seek.
The husband be granted leave to file a further application for joinder, after the determination of whether or not the financial agreement entered into by the parties on 24 June 2006 is binding and whether or not it should be set aside, provided that the husband annexes a draft statement of claim to that application in case.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment under the pseudonym Beckstead & Beckstead is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JUDGE HARLAND
The primary proceedings is with respect to whether…
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CaseChat Overview and Summary
The court was required to determine several matters, including the disposition of the husband's application, the process for addressing costs, the future trial directions, and the husband's ability to file a further application for joinder. Crucially, the court also needed to consider the binding nature and potential setting aside of a financial agreement entered into by the parties on 24 June 2006, as this would precede any further joinder application by the husband.
Harland J ordered the dismissal of the husband's application filed on 12 August 2020. The court also directed the respondent wife and Ms B to file and serve submissions regarding their costs applications within 21 days, with the husband to respond within a further 21 days. The parties were further ordered to confer and submit a minute of order setting out their desired trial directions within 14 days. Finally, the husband was granted leave to file a further application for joinder, contingent upon the determination of the validity and enforceability of the 2006 financial agreement, and required to annex a draft statement of claim to such an application.
Orders
Orders of the court
MLC 7993 of 2019
BETWEEN:
MR BECKSTEAD
Applicant
AND:
MS BECKSTEAD
Respondent
ORDER MADE BY:
JUDGE HARLAND
DATE OF ORDER:
16 DECEMBER 2020
THE COURT ORDERS THAT:
1.
The application in a case filed on 12 August 2020 be dismissed.
2.
The respondent wife and Ms B file and serve submissions with respect to their applications for costs within 21 days.
3.
The husband file his response to submissions as to costs within 21 days thereafter.
4.
Within 14 days the parties confer and submit a minute of order setting out the trial directions they seek.
5.
The husband be granted leave to file a further application for joinder, after the determination of whether or not the financial agreement entered into by the parties on 24 June 2006 is binding and whether or not it should be set aside, provided that the husband annexes a draft statement of claim to that application in case.
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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