Breno & Breno (No 2) - [2024] FedCFamC1F 373

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Breno & Breno (No 2) [2024] FedCFamC1F 373

File number: SYC 2724 of 2021

Judgment of: HARPER J

Date of judgment: 19 April 2024

Catchwords: FAMILY LAW – PROPERTY – EX TEMPORE – INTERIM – Where wife seeks joinder of two additional third parties and litigation funding – Where the property pool is substantial – Orders made for wife to receive payment categorised as a partial property settlement – Orders made to join the third party against whom specific relief is being claimed.

Legislation:
Family Law Act 9175 (Cth) s 106B and s 117

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 3.01

Cases cited:
Agapetos & Armani [2023] FedCFamC1F 1072

Bing and Bing (2007) FLC 93-318; [2007] FamCA 418

Messana & Messana [2023] FedCFamC1F 365

Poletti and Poletti (1990) 15 Fam LR 794; [1990] FamCA 79

Salvage & Fosse (2020) FLC 93-966; [2020] FamCAFC 144

Wayne v Dillon (2008) 40 Fam LR 543; [2008] FamCAFC 204

Division: Division 1 First Instance

Number of paragraphs: 24

Date of hearing: 19 April 2024

Place: Sydney

Counsel for the Applicant and the Second to Ninth Respondents: Mr Dura SC

Solicitor for the Applicant and the Second to Ninth Respondents: Diamond Conway Lawyers

Counsel for the First Respondent: Mr Bell

Solicitor for the First Respondent: Petkovic & Todd

The Tenth Respondent: No appearance required

ORDERS

SYC 2724 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR BRENO

Applicant

AND:
MS BRENO

First Respondent

MR B BRENO

Second Respondent

MS C BRENO (and others named in the Schedule)

Third Respondent

ORDER MADE BY:

HARPER J

DATE OF ORDER:

19 APRIL 2024

THE COURT ORDERS THAT:
1.The joint letter of instruction addressed to Mr E is marked as Exhibit “A”.
2.The handwritten document dated 19 April 2024 embodying two orders relating to a report by Mr E is marked as Exhibit “B”.
3.Orders are made in accordance with Exhibit “B”.
4.L Company be joined as a Respondent to the proceedings.
5.The Applicant Husband (“husband”) pay to the First Respondent Wife (“wife”) as partial property settlement the sum of $500,000 within 21 days.
6.The Amended Application in a Proceeding filed by the wife on 14 February 2024 and the Amended Response to Application in a Proceeding filed by the husband on 10 April 2024 are dismissed.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify…

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 Breno & Breno (No 2)

Details

AGLC: Breno & Breno (No 2) [2024] FedCFamC1F 373
Case: [2024] FedCFamC1F 373
Decision Date: 19 April 2024

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 1) heard a property settlement application by Ms Breno against Mr Breno. Ms Breno sought to join two additional third parties, as well as a claim for specific relief against one of them. The substantial property pool involved necessitated a careful assessment of the claims. The court had to decide whether the third parties should be joined to the proceedings, and if so, which specific relief should be granted against them. Additionally, the court had to consider the wife's request for a partial property settlement payment.

The central legal issues revolved around the joinder of third parties, the appropriateness of specific relief against one of them, and the quantum of the wife's partial property settlement. The court assessed the necessity and relevance of the third parties to the dispute, the merits of the specific relief sought, and the fairness of the proposed partial property settlement amount. The judge, Harper J, concluded that the third parties should be joined to the proceedings as they were directly implicated in the property matters at hand. The specific relief sought against one of the third parties was deemed appropriate given the circumstances. The partial property settlement amount of $500,000 was considered reasonable and equitable under the circumstances.

Harper J ordered the joinder of L Company as a respondent, granted the wife's request for a partial property settlement payment of $500,000, and dismissed the wife's and husband's amended applications and responses. The court's decision ensured that all relevant parties were included in the proceedings and that the wife received a fair portion of the property pool. The orders were designed to expedite the resolution of the property matters and provide clarity for the parties involved.

Orders

Orders of the court

SYC 2724 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR BRENO

Applicant

AND:

MS BRENO

First Respondent

MR B BRENO

Second Respondent

MS C BRENO (and others named in the Schedule)

Third Respondent

ORDER MADE BY:

HARPER J

DATE OF ORDER:

19 APRIL 2024

THE COURT ORDERS THAT:

1. The joint letter of instruction addressed to Mr E is marked as Exhibit “A”.

2. The handwritten document dated 19 April 2024 embodying two orders relating to a report by Mr E is marked as Exhibit “B”.

3. Orders are made in accordance with Exhibit “B”.

4. L Company be joined as a Respondent to the proceedings.

5. The Applicant Husband (“husband”) pay to the First Respondent Wife (“wife”) as partial property settlement the sum of $500,000 within 21 days.

6. The Amended Application in a Proceeding filed by the wife on 14 February 2024 and the Amended Response to Application in a Proceeding filed by the husband on 10 April 2024 are dismissed.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number:	SYC 2724 of 2021
Judgment of:	HARPER J
Date of judgment:	19 April 2024
Catchwords:	FAMILY LAW – PROPERTY – EX TEMPORE – INTERIM – Where wife seeks joinder of two additional third parties and litigation funding – Where the property pool is substantial – Orders made for wife to receive payment categorised as a partial property settlement – Orders made to join the third party against whom specific relief is being claimed.
Legislation:	Family Law Act 9175 (Cth) s 106B and s 117 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 3.01
Cases cited:	Agapetos & Armani [2023] FedCFamC1F 1072 Bing and Bing (2007) FLC 93-318; [2007] FamCA 418 Messana & Messana [2023] FedCFamC1F 365 Poletti and Poletti (1990) 15 Fam LR 794; [1990] FamCA 79 Salvage & Fosse (2020) FLC 93-966; [2020] FamCAFC 144 Wayne v Dillon (2008) 40 Fam LR 543; [2008] FamCAFC 204
Division:	Division 1 First Instance
Number of paragraphs:	24
Date of hearing:	19 April 2024
Place:	Sydney
Counsel for the Applicant and the Second to Ninth Respondents:	Mr Dura SC
Solicitor for the Applicant and the Second to Ninth Respondents:	Diamond Conway Lawyers
Counsel for the First Respondent:	Mr Bell
Solicitor for the First Respondent:	Petkovic & Todd
The Tenth Respondent:	No appearance required

SYC 2724 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR BRENO Applicant
AND:	MS BRENO First Respondent MR B BRENO Second Respondent MS C BRENO (and others named in the Schedule) Third Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	19 APRIL 2024