Federal Circuit and Family Court of Australia
(DIVISION 1)
Brayton & Brayton (No 2) [2022] FedCFamC1F 567
File number(s): SYC 5516 of 2017 Judgment of: WILSON J Date of judgment: 9 August 2022 Catchwords: FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – practice and procedure – case management – litigation guardian appointed – weekly directions ordered. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rule 3.01 Cases cited: Aon Risk Services Australia Pty Ltd v Australian National University (2009) 239 CLR 175
Bacall & Zagar [2020] FamCA 350
Division: Division 1 First Instance Number of paragraphs: 34 Date of hearing: 3 August 2022 Place: Melbourne Counsel for the Applicant: Mr G. Richardson SC Solicitor for the Applicant: Barkus Doolan Counsel for the First Respondent: Mr J. Graham QC Solicitor for the Respondents: Armstrong Legal Counsel for the Second to Eighteenth Respondents: Mr B. Roberts QC Solicitor for the Second to Eighteenth: WRP Legal & Advisory ORDERS
SYC 5516 of 2017 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS BRAYTON
ApplicantAND: MR BRAYTON
First Respondent
MS AA BRAYTON
Second Respondent
MR TOBLER (and others named in the Schedule)
Third Respondent
order made by:
WILSON J
DATE OF ORDER:
9 AUGUST 2022
THE COURT ORDERS THAT:
1.The wife has leave to rely on the fifth amended application along with the third amended points of claim filed on 28 July 2022.
2.On or before 4:00pm on 16 August 2022 the respondents must file and serve any response to the fifth initiating application and points of defence to the third amended points of claim.
3.Ms CN from CO Lawyers is appointment as the litigation guardian for the children.
4.The costs of the litigation guardian are to be met from the DD Trust.
5.On or before 4:00pm on 16 August 2022 the wife’s representative must provide all documents filed thus far to the litigation guardian.
6.On or before 4:00pm on 16 August 2022 each of the husband and the 2nd to 18th respondents must provide copies of the DD Trust General Ledgers for the period of 2018/2019, 2019/2020 and 2020/20221 to Ms BX and the wife's legal representative.
7.On or before noon on 16 August 2022 each of the husband and the 2nd to 18th respondents must provide a response in writing together with the documents requested as set out by BV Company in the correspondence dated 25 July 2022.
8.On or before 4:00pm on 16 August 2022 the husband must provide an inventory of the furniture, collectibles and artworks located in the Suburb N property and in his possession and control for the purpose of facilitating the valuation pursuant to paragraph 9.
9.On or noon on 16 August 2022 each of the Husband and the 2nd to 18th respondents must provide to the wife's legal representative a copy of the valuation dated 2 May 2022 for AE Pty Ltd.
10.The further hearing of this proceeding is adjourned to 10:00am…
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- AGLC
- Brayton & Brayton (No 2) [2022] FedCFamC1F 567
- Case
- [2022] FedCFamC1F 567
- Decision Date
CaseChat Overview and Summary
The court was tasked with deciding on the appropriate case management strategies and procedural steps to be taken in this complex financial dispute. This included the appointment of a litigation guardian to represent the interests of the children, the allocation of costs associated with the litigation guardian, and the establishment of deadlines for the exchange of documents and information between the parties. The court also had to consider the need for weekly directions to ensure the efficient progression of the case.
Wilson J granted the applicant's request to rely on the fifth amended application and third amended points of claim. The court appointed Ms CN from CO Lawyers as the litigation guardian for the children, with the costs to be met from the DD Trust. Various deadlines were set for the provision of documents and financial information by the respondents. The further hearing of the proceeding was adjourned to allow for a mention in the Major Complex Financial Proceedings List.
The final orders included the appointment of the litigation guardian, the setting of specific deadlines for the exchange of documents and financial information, and the adjournment of the further hearing. The form of the order was subject to review and potential variation in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Orders
Orders of the court
SYC 5516 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS BRAYTON
Applicant
AND:
MR BRAYTON
First Respondent
MS AA BRAYTON
Second Respondent
MR TOBLER (and others named in the Schedule)
Third Respondent
order made by:
WILSON J
DATE OF ORDER:
9 AUGUST 2022
THE COURT ORDERS THAT:
1. The wife has leave to rely on the fifth amended application along with the third amended points of claim filed on 28 July 2022.
2. On or before 4:00pm on 16 August 2022 the respondents must file and serve any response to the fifth initiating application and points of defence to the third amended points of claim.
3. Ms CN from CO Lawyers is appointment as the litigation guardian for the children.
4. The costs of the litigation guardian are to be met from the DD Trust.
5. On or before 4:00pm on 16 August 2022 the wife’s representative must provide all documents filed thus far to the litigation guardian.
6. On or before 4:00pm on 16 August 2022 each of the husband and the 2nd to 18th respondents must provide copies of the DD Trust General Ledgers for the period of 2018/2019, 2019/2020 and 2020/20221 to Ms BX and the wife's legal representative.
7. On or before noon on 16 August 2022 each of the husband and the 2nd to 18th respondents must provide a response in writing together with the documents requested as set out by BV Company in the correspondence dated 25 July 2022.
8. On or before 4:00pm on 16 August 2022 the husband must provide an inventory of the furniture, collectibles and artworks located in the Suburb N property and in his possession and control for the purpose of facilitating the valuation pursuant to paragraph 9.
9. On or noon on 16 August 2022 each of the Husband and the 2nd to 18th respondents must provide to the wife's legal representative a copy of the valuation dated 2 May 2022 for AE Pty Ltd.
10. The further hearing of this proceeding is adjourned to 10:00am on 17 August 2022 for mention in the Major Complex Financial Proceedings List.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
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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