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…
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- AGLC
- Breno & Breno (No 2) [2024] FedCFamC1F 373
- Case
- [2024] FedCFamC1F 373
- Decision Date
CaseChat Overview and Summary
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
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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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