FAMILY COURT OF AUSTRALIA
| BULLEEN & BULLEEN | [2011] FamCA 253 |
| FAMILY LAW – PRACTICE AND PROCEDURE - Variation of property orders - Power to make machinery orders and to vary them - Slip rule usage where orders not consistent with Court’s intention. |
| Family Law Act 1975 (Cth) Income Tax Assessment Act 1936 (Cth) |
| Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd [1995] 61 FCR 385 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 Guinness & Guinness (No. 2) [2008] FamCAFC 100 Ravasini & Ravasini (1983) FLC 91-312 Slapp & Slapp (1989) FLC 92-022; 13 Fam LR 158 Vance & Vance [2011] FamCAFC 17 |
| APPLICANT: | Ms Bulleen |
| RESPONDENT: | Mr Bulleen |
| FILE NUMBER: | MLC | 12431 | of | 2007 |
| DATE DELIVERED: | 12 April 2011 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 23 February 2011 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | MR Geddes QC |
| SOLICITOR FOR THE APPLICANT: | Gillian Coote Family Law |
| COUNSEL FOR THE RESPONDENT: | Mr Walker |
| SOLICITOR FOR THE RESPONDENT: | Gadens Lawyers |
Orders
That within 14 days, the husband provide to the solicitors for the wife, the documents referred to in the letter dated 30 November 2010 from Mr F to the wife’s solicitors.
That paragraphs 2 and 3 of the orders made on 28 September 2010 are varied such that the process for the division and distribution of the artwork referred to in the said orders is to resume within 48 hours of these orders as if the process had not been suspended by the husband.
That save as to any issue of costs, the application in a case of the wife filed 16 February 2011 and the response of the husband thereto filed 23 February 2011 are otherwise dismissed.
AND THE COURT NOTES that paragraph 9 of the orders made on 28 September 2010 was incorrect and has been amended pursuant to Rule 17.02(5) of the Family Law Rules 2004.
IT IS NOTED that publication of this judgment under the pseudonym Bulleen & Bulleen is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 12431 of 2007
| Ms Bulleen |
Applicant
And
| Mr Bulleen |
Respondent
REASONS FOR JUDGMENT
The parties in this dispute require determinations which would enable the implementation of property orders made in March 2010. At that time, I ordered that their property be divided on a percentage basis making orders for each party to retain specific property.
The two issues litigated in this interim hearing were:
(a)whether the husband should provide source documents and information about how his accountant determined the amount deposited into the wife’s bank account in partial satisfaction of a payment by their corporate entity B Holdings; and
(b)could and should a default order for the distribution and/or sale of artwork be activated as a result of or because of, the actions of the husband who had unilaterally “suspended” the distribution process and was there power to vary that default order?
In…
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- BULLEEN & BULLEEN [2011] FamCA 253
- Case
- [2011] FamCA 253
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to order the husband to provide specific documents as requested by the wife, and whether to vary existing orders to allow the process for the division and distribution of the artwork to recommence. The court also considered the wife's application and the husband's response in their entirety.
Cronin J ordered the husband to provide the specified documents within 14 days. Furthermore, the court varied previous orders to ensure the process for dividing and distributing the artwork resumed within 48 hours, as if it had not been suspended. The court also noted an error in a previous order and amended it accordingly. Save for any issues of costs, the wife's application and the husband's response were otherwise dismissed.
Orders
Orders of the court
1.
That within 14 days, the husband provide to the solicitors for the wife, the documents referred to in the letter dated 30 November 2010 from Mr F to the wife’s solicitors.
2.
That paragraphs 2 and 3 of the orders made on 28 September 2010 are varied such that the process for the division and distribution of the artwork referred to in the said orders is to resume within 48 hours of these orders as if the process had not been suspended by the husband.
3.
That save as to any issue of costs, the application in a case of the wife filed 16 February 2011 and the response of the husband thereto filed 23 February 2011 are otherwise dismissed.
AND THE COURT NOTES that paragraph 9 of the orders made on 28 September 2010 was incorrect and has been amended pursuant to Rule 17.02(5) of the Family Law Rules 2004.
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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