BULLEEN & BULLEEN

[2011] FamCA 253

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

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.

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

1. 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.

2. 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?

3. In…