BLOXHAM & BLOXHAM - [2020] FamCA 731

FAMILY COURT OF AUSTRALIA

BLOXHAM & BLOXHAM

[2020] FamCA 731

FAMILY LAW – PROPERTY – Review of registrar’s orders as to disclosure and discovery – Where registrar’s orders set aside in part – Where real issue is question of non-disclosure to be ventilated at final hearing.

FAMILY LAW – INTERIM CAPITAL PAYMENT – Where previous determination resulting in total payments of about $22.5 million to the parties – Where husband paid further sum from business sale of $1.604 million with that sum retained by him – Where proper that wife receive similar sum – Where order made for balance of primary capital funds of about $33 million to be paid into an interest bearing controlled money account pending further order.

Family Law Act 1975 (Cth)

Bloxham & Bloxham [2018] FamCA 1070

APPLICANT:

Mr Bloxham

RESPONDENT:

Ms Bloxham

FILE NUMBER:

PAC

2582

2017

DATE DELIVERED:

3 September 2020

PLACE DELIVERED:

Parramatta

PLACE HEARD:

Parramatta

JUDGMENT OF:

Foster J

HEARING DATE:

By way of written submissions last received on 29 June 2020

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Watts McCray

SOLICITOR FOR THE RESPONDENT:

Dorter Family Lawyers And Mediators

Orders

That orders 4(d) and (e) made on 1 April 2020 be set aside.
That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the sum of $1,604,000 be paid to the wife from funds presently in Commonwealth Bank Account ...24.
That the wife be at liberty to expend the sum to be paid to her at her discretion with the characterisation of such sum reserved to final trial.
That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the balance remaining in Commonwealth Bank Account ...24 be paid to the wife’s solicitors to be deposited by them in an interest-bearing controlled money account in trust for the husband and wife pending further order and that the wife’s solicitors provide to the husband and wife written confirmation and details of the deposit of such funds within seven days from the date of these orders.
That the husband’s Application in a Case filed 7 April 2020 (as amended) and the wife’s Response filed 5 June 2020 be dismissed.
That costs of both parties be reserved to agreement or final hearing.

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 Bloxham & Bloxham 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 PARRAMATTA

FILE NUMBER: PAC 2582 of 2017

Mr Bloxham

Applicant

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading BLOXHAM & BLOXHAM

Details

AGLC: BLOXHAM & BLOXHAM [2020] FamCA 731
Case: [2020] FamCA 731
Decision Date: 3 September 2020

CaseChat Overview and Summary

In the matter of BLOXHAM & BLOXHAM, Foster J of the Family Court of Australia considered an application for review of a registrar's orders concerning disclosure and discovery in family law proceedings. The dispute involved an interim capital payment and the proper treatment of funds arising from a business sale.

The court was required to determine whether the registrar's orders regarding disclosure and discovery should be set aside, and to make orders concerning an interim capital payment to the wife, given previous determinations that had resulted in substantial payments to both parties. A key issue was the husband's retention of a sum of $1.604 million from a business sale, and whether the wife should receive a similar amount.

Foster J reasoned that the question of non-disclosure was a matter to be ventilated at the final hearing, leading to the setting aside of certain registrar's orders. Regarding the interim capital payment, the court found it proper for the wife to receive a sum equivalent to that retained by the husband from the business sale. Consequently, orders were made for the payment of $1.604 million to the wife, with the characterisation of this sum reserved for the final trial.

The court further ordered that the remaining balance of primary capital funds, approximately $33 million, be paid into an interest-bearing controlled money account held by the wife's solicitors, pending further order. The husband's application and the wife's response concerning disclosure and discovery were dismissed, and costs were reserved.

Orders

Orders of the court

That orders 4(d) and (e) made on 1 April 2020 be set aside.

That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the sum of $1,604,000 be paid to the wife from funds presently in Commonwealth Bank Account ...24.

That the wife be at liberty to expend the sum to be paid to her at her discretion with the characterisation of such sum reserved to final trial.

That the husband and wife do all necessary things and sign all necessary documents to authorise and direct that the balance remaining in Commonwealth Bank Account ...24 be paid to the wife’s solicitors to be deposited by them in an interest-bearing controlled money account in trust for the husband and wife pending further order and that the wife’s solicitors provide to the husband and wife written confirmation and details of the deposit of such funds within seven days from the date of these orders.

That the husband’s Application in a Case filed 7 April 2020 (as amended) and the wife’s Response filed 5 June 2020 be dismissed.

That costs of both parties be reserved to agreement or final hearing.

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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