Bloomfield and Grainger and Anor

Case [2018] FamCA 36


FAMILY COURT OF AUSTRALIA

BLOOMFIELD & GRAINGER AND ANOR [2018] FamCA 36
FAMILY LAW – JURISDICTION – Initiating Application filed by creditor in 2014, seeking to set aside asserted financial agreement entered into between First Respondent and wife – in November 2017, First Respondent asserts that the agreement is not a financial agreement as that term is defined in the Family Law Act1975 Mr S and seeks declaration that the agreement is not a financial agreement as defined by the terms of s 90C of the Act, that the Initiating Application is dismissed and that the Applicant creditor pay costs – Applicant seeks leave to amend Initiating Application to add alternative claim pursuant to s 228 of the Property Law Act1974 (Qld) – Application for leave to amend Initiating Application refused – Initiating Application dismissed for want of jurisdiction.
Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)
Property Law Act 1974 (Qld)
Buck v Comcare (1996) 66 FCR 359
Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212
Carlton & United Breweries Ltd v Castlemaine Tooheys Ltd (1986) 161 CLR 543
DMW v CGW (1982) 151 CLR 491
Federated Engine Drivers’ and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398
Hooper v Kirella Pty Ltd (1999) 96 FCR 1
Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564
Khatri v Price (1999) 95 FCR 287
Klewer v Dutch (2000) 99 FCR 217
Norton & Locke (2013) 284 FLR 51
PT Garuda Indonesia Ltd v Australian Competition and Consumer Commission (2012) 247 CLR 240
Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia and Anor (2012) 249 CLR 398
R v Ross-Jones; Ex Parte Green (1984) 156 CLR 185
Rana v Google Inc [2017] FCAFC 156
Unilan Holdings Pty Ltd v Kerin (1993) 44 FCR 481
Vietnam Veterans’ Affairs Association of Australia New South Wales Branch Inc v Cohen (1996) 70 FCR 419
Yunghanns v Yunghanns (1999) FLC 92-836
APPLICANT: Ms Bloomfield
1st RESPONDENT: Mr Grainger
2nd RESPONDENT: The Bankrupt Estate of Ms Grainger
FILE NUMBER: BRC 89 of 2014
DATE DELIVERED: 31 January 2018
PLACE DELIVERED: Brisbane
PLACE HEARD: Brisbane
JUDGMENT OF: Hogan J
HEARING DATE: 12 December 2017 and by receipt of submissions filed by the Applicant on 21 December 2017 and the First Respondent on 9 January 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Jones
SOLICITOR FOR THE APPLICANT: Tucker & Cowen Solicitors
COUNSEL FOR THE 1ST RESPONDENT: Mr Looney QC
SOLICITOR FOR THE 1ST RESPONDENT: Morgan Conley Solicitors
COUNSEL FOR THE 2ND RESPONDENT: No Appearance
SOLICITOR FOR THE 2ND RESPONDENT: No Appearance

Orders

IT IS ORDERED THAT

  1. The Applicant’s application for leave to amend the Initiating Application filed 7 January 2014 is dismissed.

  2. The Initiating Application filed 7 January 2014 is dismissed for want of jurisdiction.

  3. In the event that a party seeks an order that another party pay the costs of and incidental…

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Bloomfield and Grainger and Anor [2018] FamCA 36
Case
[2018] FamCA 36
Decision Date

CaseChat Overview and Summary

In *Bloomfield and Grainger and Anor*, Hogan J of the Supreme Court of Queensland considered an application by the applicant and the subsequent dismissal of that application for want of jurisdiction. The proceedings concerned an initiating application filed on 7 January 2014.

The primary legal issue before the Court was whether it possessed jurisdiction to hear the initiating application. Ancillary to this, the Court also considered an application by the applicant for leave to amend the initiating application.

Hogan J dismissed the applicant's application for leave to amend the initiating application. The Court then dismissed the initiating application itself for want of jurisdiction. The reasons for this lack of jurisdiction are not detailed in the provided text.

The Court made detailed orders regarding the process for any application for costs, requiring the filing and service of affidavits and written submissions within specified timeframes. Additionally, the Court provided a mechanism for parties to be heard on whether the reasons for judgment should be provided to the Office of State Revenue (Qld).

Orders

Orders of the court

IT IS ORDERED THAT

1.

The Applicant’s application for leave to amend the Initiating Application filed 7 January 2014 is dismissed.

2.

The Initiating Application filed 7 January 2014 is dismissed for want of jurisdiction.

3.

In the event that a party seeks an order that another party pay the costs of and incidental to the Initiating Application filed 7 January 2014:

(a) any further affidavit material to be relied upon shall be filed and served within fourteen (14) days of today; and

(b) the party seeking an order for costs shall file and serve brief written submissions in support of such application for costs within fourteen (14) days of today; and

(c) the party from whom costs are sought shall file and serve any brief written submissions in answer to the submissions filed and served by the party seeking costs within a further fourteen (14) days thereafter; and

(d) the party seeking costs shall file and serve any brief further written submissions, strictly in reply to the submissions served by the party from whom costs are sought, within seven (7) days of its service,

and any such application for costs shall be determined in Chambers.

4.

In the event that any party wishes to be heard in relation to whether an order should be made granting the Applicant leave to provide a copy of the Reasons for Judgment delivered 31 January 2018 to the Office of State Revenue (Qld) or directing a Registrar of the Court to provide a copy of the Reasons for Judgment delivered 31 January 2018 to the Office of State Revenue (Qld), that party shall file and serve written submissions outlining their position within fourteen (14) days of today and the issue shall thereafter be considered in Chambers.

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

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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