CAGAN & SABONE (No.2)

[2019] FCCA 3164

FEDERAL CIRCUIT COURT OF AUSTRALIA

CAGAN & SABONE (No.2) [2019] FCCA 3164

Catchwords:
FAMILY LAW – Summary Dismissal – application for property adjustment –whether the husband’s case is doomed to fail – the evidence on which the application is to be determined – the husband’s failure to comply with orders for disclosure – where the husband has had no less than three opportunities to provide disclosure – where the husband cannot prove any of the facts that he asserts – where the husband’s application is summarily dismissed.

Legislation:

Family Law Act 1975 (Cth), ss.45A, 44(3), 78, 117, 79(4)

Federal Circuit Court Rules 2001 (Cth), r 13.03B, 13.02, 13.10, 24, 24.03, 24.04, 24.05, 18.01.

Family Law Rules2004 (Cth), rr.10.14, 19.18

Federal Circuit Court Act 1999 (Cth), s.17A

Cases cited:

Lindon & The Commonwealth of Australia 91996) ALJR 541

Skivington & Skivington [2019] FamCAFC 36

Taffa & Taffa [2009] FamCA 85

Hunter & Morrison [2014] FamCA 199

Yim & Zieth [2019] FCCA 436

Stanford & Stanford (2012) 247 CLR 108

Jones & Dunkel (1959) 101 CLR 298

Tate & Tate (No.3) (2003) FLC 93-138

Jabour & Jabour [2019] FamCAFC 78

Mayne & Mayne [2011] FamCAFC 192

Beck & Beck [2004] FamCA 92

Webster v Lampard[1993] HCA 57

Applicant: MR CAGAN

Respondent: MR SABONE

File Number: PAC 2113 of 2017

Judgment of: Judge Harman

Hearing date: 14 October 2019

Date of Last Submission: 14 October 2019

Delivered at: Parramatta

Delivered on: 14 October 2019

REPRESENTATION

Counsel for the Applicant: Mr Shaw

Solicitors for the Applicant: Hutchison Lawyers

Counsel for the Respondent: Mr Cunningham

Solicitors for the Respondent: Cunningham Solicitors

ORDERS

1. I summarily dismiss the husband’s application for property adjustment filed 13 August 2018.

2. I remove all issues from the list of cases awaiting hearing

IT IS NOTED that publication of this judgment under the pseudonym Cagan & Sabone (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 2113 of 2017

MR CAGAN

Applicant

And

MS SABONE

Respondent

REASONS FOR JUDGMENT

1. These proceedings relate, on their face, to issues of property adjustment.

2. The proceedings are between a former husband and wife, being Mr Cagan, the applicant and the husband to the marriage which founds jurisdiction, and Ms Sabone, the respondent and wife. 

3. Although the proceedings, on their face, relate to issues of property adjustment, the application before the Court today is an application for summary dismissal. 

4. There are a number of grounds upon which relief is agitated.  I will deal with each in turn as, whilst they have some degree of connection, each with the other, each ground cascades, as it were, towards what I am satisfied is an inevitable position. 

5. The three grounds upon which it is sought to terminate these proceedings forthwith or, to adopt the language of the High Court and specifically that used in Webster v Lampard[1993] HCA 57, whether the action should “…not be permitted to go to trial in the ordinary way…