Cabb and Cabb

[2010] FamCA 1072

FAMILY COURT OF AUSTRALIA

CABB & CABB [2010] FamCA 1072

FAMILY LAW – PROCEDURAL – Jurisdictional issues to be determined – Husband directed to file a statement of his financial circumstances prior to the date of the adjourned hearing

APPLICANT: Ms Cabb

RESPONDENT: Mr Cabb

FILE NUMBER: SYC 6670 of 2010

DATE DELIVERED: 16 November 2010

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Barry J

HEARING DATE: 16 November 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Levy of Counsel appearing for the Applicant Wife

SOLICITORSFOR THE APPLICANT: Barkus Doolan Kelly

COUNSEL FOR THE RESPONDENT: Mr Schonell of Senior Counsel appearing for the Respondent Husband

SOLICITORS FOR THE RESPONDENT: Watts McCray

Orders

IT IS ORDERED THAT:

1. The proceedings be adjourned to a date to be fixed.

2. The Applicant Wife file and serve any further material uopn which she wishes to rely within seven (7) days.

3. The Respondent Husband file and serve his Response (or Response under Protest), a Statement of his Financial Circumstances and any affidavit material upon which he wishes to rely within twenty-eight (28) days or seven (7) days prior to any adjourned hearing date whichever is the earlier.

4. The parties’ costs of today be reserved.

IT IS NOTED that publication of this judgment under the pseudonym Cabb & Cabb is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 6670 of 2010

MS CABB

Applicant

And

MR CABB

Respondent

REASONS FOR JUDGMENT

1. I am unable to give a date for a continuation of this matter, but I will be simply adjourning it to a date to be fixed and my associate will liaise with the list registrar.

2. A draft minute of directions to be made have been handed up by counsel for the applicant wife.  The only contentious aspect is that by paragraph 2 of that draft the respondent husband is required to file a statement of his financial circumstances.  I am conscious of the orders made by the National Court of Justice in Papua New Guinea.  I am conscious of the doctrine of comity between courts.  However, it seems to me that virtually all of the assets of the parties are within the jurisdiction of Australia.  I am not forecasting what is going to happen in this matter, but at this point in time it would probably be beneficial if a clear statement from the respondent husband of what assets and liabilities are in this respective jurisdiction.

3. The applicant has filed a statement of her financial circumstances.  I will make an order in terms of paragraph 2, requiring the husband to file a statement of his financial circumstances within 28 days or 7 days prior to the next hearing date.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Barry delivered on 16 November 2010.

Associate: 

Date:  16 November 2010