Booker and Booker

[2018] FCCA 1698

FEDERAL CIRCUIT COURT OF AUSTRALIA

BOOKER & BOOKER [2018] FCCA 1698

Catchwords:
FAMILY LAW – Property proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39
Federal Circuit Court Rules 2001, Rule 8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MS BOOKER

Respondent: MR BOOKER

File Number: PAC 1892 of 2018

Judgment of: Judge Newbrun

Hearing date: 25 June 2018

Date of Last Submission: 25 June 2018

Delivered at: Parramatta

Delivered on: 2 July 2018

REPRESENTATION

Solicitors for the Applicant: Ms Watson of Watson Law Pty Ltd

Solicitors for the Respondent: Mr Cahill of Meehans Solicitors

ORDERS

1. These property proceedings are forthwith transferred to the Family Court of Australia at Parramatta.

NOTATION

The Court refers to its written judgment in relation to the above transfer Order.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 1892 of 2018

MS BOOKER

Applicant

And

MR BOOKER

Respondent

REASONS FOR JUDGMENT

1. The within Reasons for Judgment relate to this Court’s order of 25 June 2018 that these property proceedings be transferred to the Family Court of Australia.

2. The parties are aged in their mid-forties, their relationship spanned some 25 years, and they have three adult children.

3. The husband operates two businesses through corporate entities.  The wife conducts a business through a corporate entity.  There are two trust structures that the parties have established.  The parties have widely differing positions as to the net value of the matrimonial property pool.

Issues in dispute

1. The parties and their legal representatives attended Court on 25 June 2018 and confirmed that at least the following issues are in dispute:

   a)Valuation of the following businesses operated by the husband:

   ·    Business A Pty Ltd (this corporation operates a (business activity omitted) husband contends that he is not permitted to sell this business at a profit, which contention is disputed by the wife);

   ·    Business B Pty Ltd (this corporation operates a (business activity omitted).  The wife contends, disputed by the husband, that the property at Property A, at which the business is situated, should be valued separately from the business).

   b)Valuation of the following business operated by the wife:

   ·Business C trading as Business C (this business involves the wife (business activity omitted)).

   c)Whether the wife’s establishment of the above company Business C, resulting in the parties’ adult son Mr L holding a 50% interest in that company, represented a relevant transaction to defeat claims under section 106B of the Family Law Act 1975 (Cth) (the husband contends that the wife’s income previously obtained by her from administering contracts (client omitted) used to be income of the Mr Booker Family Trust, prior to her establishment of the above company);

   d)Whether proper financial disclosure has been provided by each party in relation to the above three corporate entities…