AMENDED PURSUANT TO RULE 17.02 OF THE FAMILY LAW RULES 2004
FAMILY COURT OF AUSTRALIA
| CAO & TRONG AND ANOR | [2018] FamCA 460 |
| FAMILY LAW – JURISDICTION – Where the Taxation Commissioner intervenes in a property dispute between husband and wife – where the husband is the nominated debtor – where the husband then discontinues his claim for any relief – where the wife has not discontinued but says that she does not seek orders under s 79 of the Act –where the Commissioner seeks to proceed under s79 against both husband and wife to recover the debt against either or both – where the wife maintains there is no jurisdiction – wife’s submissions rejected – where the court finds the jurisdiction is not denied by the discontinuance and/or refusal of the wife to proceed to seek orders –matter adjourned to enable final hearing to be set down. |
| Family Law Act 1975 (Cth) |
| Ascot Investments Pty Ltd v Harper (1981) 148 CLR 337 Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212 Deputy Commissioner of Taxation v Kliman & Another [2002] FamCA 629 Deputy Federal Commissioner of Taxation v Spanjich (1988) 93 FLR 98; FLC 91-974 Dougherty v Dougherty (1987) 163 CLR 278 In the Marriage of Biltoft (1995) FLC 92-614 In the Marriage of Prince (1984) 54 ALR 467 Martin & Martin [2015] FamCA 260 Phillip Morris Inc v Adam P Brown Male Fashions (1981) 148 CLR 457 Puddy & Grossvard [2010] FamCAFC 54 Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77 |
| APPLICANT: | Mr Cao |
| RESPONDENT: | Ms Trong |
| INTERVENOR: | Deputy Commissioner Of Taxation |
| FILE NUMBER: | MLC | 2555 | of | 2016 |
| DATE DELIVERED: | 20 June 2018 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 7 June 2018 |
REPRESENTATION
| THE APPLICANT: | No Appearance |
| COUNSEL FOR THE RESPONDENT: | Mr Juebner |
| SOLICITOR FOR THE RESPONDENT: | JK Lawyers |
| COUNSEL FOR THE INTERVENOR: | Mr Sest QC with Mr Mazloum |
| SOLICITOR FOR THE INTERVENOR: | Deputy Commissioner Of Taxation |
Orders
Paragraphs 1 to 16 of the wife’s response filed 27 October 2017 are adjourned to a date to be fixed for determination by the Case Management Judge upon allocation of the proceedings to a judge for trial.
That to the extent that the wife seeks orders in the form of paragraph 60 of her assertions contained in the outline of submissions filed on 22 January 2018, the application therein is adjourned in accordance with paragraph 1 hereof.
That to the extent that the wife seeks orders in the form of paragraph 58 and 59 of her assertions contained in the outline of submissions filed on 22 January 2018, the application therein is dismissed.
Having ruled that the Court has jurisdiction to hear the dispute contained in the amended application of the Commissioner as intervener filed 1 June 2018, paragraphs 1 to 8 of that application are consolidated with the response referred to in paragraph 1 hereof and also adjourned to a date to be fixed…
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- Case
- [2018] FamCA 460
- Decision Date
CaseChat Overview and Summary
The court was required to determine several legal issues, including whether it had jurisdiction to hear the dispute raised by the Commissioner's amended application. Additionally, the court had to consider the wife's applications for orders as set out in her response and outline of submissions, and whether those applications should be adjourned or dismissed.
Cronin J ruled that the Court possessed jurisdiction to hear the dispute contained within the Commissioner's amended application. The court adjourned paragraphs 1 to 16 of the wife's response and paragraphs 1 to 8 of the Commissioner's application for determination by the Case Management Judge upon the allocation of proceedings for trial. However, the court dismissed the wife's applications for orders as contained in paragraphs 58 and 59 of her assertions.
Orders
Orders of the court
1.
Paragraphs 1 to 16 of the wife’s response filed 27 October 2017 are adjourned to a date to be fixed for determination by the Case Management Judge upon allocation of the proceedings to a judge for trial.
2.
That to the extent that the wife seeks orders in the form of paragraph 60 of her assertions contained in the outline of submissions filed on 22 January 2018, the application therein is adjourned in accordance with paragraph 1 hereof.
3.
That to the extent that the wife seeks orders in the form of paragraph 58 and 59 of her assertions contained in the outline of submissions filed on 22 January 2018, the application therein is dismissed.
4.
Having ruled that the Court has jurisdiction to hear the dispute contained in the amended application of the Commissioner as intervener filed 1 June 2018, paragraphs 1 to 8 of that application are consolidated with the response referred to in paragraph 1 hereof and also adjourned to a date to be fixed for determination by the Case Management Judge upon allocation of the proceedings to a judge for trial.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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