Bing and Bing and Anor

[2010] FamCA 241

FAMILY COURT OF AUSTRALIA

BING & BING AND ANOR [2010] FamCA 241

FAMILY LAW – COSTS – Review – Orders – Interpretation – Meaning of “by 30 October” in an order

Family Law Act 1975 (Cth)

Aon Risk Services Australia Limited v Australian National University [2009] HCA 27
Armstrong v Great Southern Gold Mining Co (1911) 12 CLR 382
Associated Dominions Assurance Society Pty Ltd v Balmford (1950) 81 CLR 161
Queensland v JL Holdings (1997) 189 CLR 146

APPLICANT: Mr Bing

RESPONDENT: Ms Bing

INTERVENOR: Rockman & Rockman

FILE NUMBER: MLF 1745 of 2006

DATE DELIVERED: 19 March 2010

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: THE HONOURABLE JUSTICE CRONIN

HEARING DATE: 19 MARCH 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: MR ALSTERGREN

SOLICITOR FOR THE APPLICANT: BUXTON & ASSOCIATES

COUNSEL FOR THE RESPONDENT: NO APPEARANCE

SOLICITOR FOR THE RESPONDENT: NEVILE & CO

COUNSEL FOR THE INTERVENOR: MR STRUM

SOLICITOR FOR THE INTERVENOR: ROCKMAN & ROCKMAN

Orders

1. That the outstanding costs issue as between the wife and Rockman and Rockman be listed for further mention and argument at 9.00am on 24 March 2010.

IT IS NOTED that publication of this judgment under the pseudonym Bing & Bing and Anor is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 1745  of 2006

MR BING

Applicant

And

MS BING

Respondent

ROCKMAN & ROCKMAN
Intervener

REASONS FOR JUDGMENT

1. On 1 October 2009, on an application made by the wife, I made the following orders:

   1.That subject to the conditions set out below, the wife have leave to review the orders of Registrar Riddiford made 8 April, 2009 out of time. 

   2.If the said conditions referred to are not met in full, the wife’s application filed 28 July, 2009 stands dismissed and the leave referred to in paragraph (1) hereof is declined. 

   3.If the said conditions are met in full, by arrangement with the Associate to the Honourable Justice Cronin, the matter of the disputed cost assessment be listed for hearing and determination.

   4.The conditions referred to in paragraphs (1) to (3) hereof are as follows :

   (a)by 30 October, 2009, the wife present to this Court a minute of orders sought with the consent of the husband and the wife for :

   i.the expeditious sale of the [business] referred to by Mr. B. Walmsley S.C. in submissions made on 4 September, 2009;  and

   ii.from the net proceeds, the sum of $285,798.44 for and on behalf of the wife, be paid into the trust account of Rockman and Rockman;

   (b)by 30 October, 2009, the wife file and serve a precise list of objections to the costs account of Rockman & Rockman as certified by the registrar to sufficiently identify what matters are in dispute. 

2. No appeal was lodged against the order nor was any application for leave to appeal filed.

3. It may be that in hindsight, the orders create a difficulty for the process of the contemplated review.

4. On 8…