CAGAN & SABONE (No.2)

In the matter of *Cagan & Sabone (No.2)*, Judge Harman of the Family Court of Australia considered an application for property adjustment brought by the husband. The wife sought the summary dismissal of the husband's application, arguing that his case was doomed to fail. The determination of this application hinged on the evidence presented and the husband's persistent failure to comply with court orders for disclosure.

The central legal issue before the court was whether the husband's application for property adjustment should be summarily dismissed. This required the court to assess whether the husband could prove the facts he asserted and whether his failure to provide disclosure, despite multiple opportunities, rendered his case unsustainable.

Judge Harman reasoned that the husband had been afforded no less than three opportunities to provide the required disclosure. Crucially, the court found that the husband was unable to prove any of the factual assertions upon which his application relied. Consequently, the court concluded that the husband's application was without merit and doomed to fail.

Accordingly, Judge Harman summarily dismissed the husband's application for property adjustment filed on 13 August 2018 and removed all related issues from the list of cases awaiting hearing.