Cao & Trong (No 2)

Case [2019] FamCA 941


FAMILY COURT OF AUSTRALIA

CAO & TRONG (NO. 2) [2019] FamCA 941
FAMILY LAW – PROPERTY – Interim Property Orders – tax debt owed by husband – wife already disbursed over $600 000 by way of interim property orders – inability to reverse order if made – only property available for division is funds in a controlled account – ATO debt exceeds sum in account – application refused.
Child Support (Registration and Collection) Act 1988 (Cth) s 113A
Civil Procedure Act 2005 (NSW)
Civil Procedure Act 2010 (Vic)
Family Law Act 1975 (Cth) ss 75(2), 75(2)(ha), 79, 80(1)(h), 112AP, 117
Family Law Rules 2004 (Cth) ch 13, rr 1.07, 1.08, 13.07, 13.15(2)
Income Tax Assessment Act 1997 (Cth)
A v A; B v B [2000] 1 FLR 701
Brewer & Brewer [2019] FamCA 247
Browne v Green (1999) 25 Fam LR 482
Cao & Trong [2019] FamCA 336
Gabel & Yardley (2008) 40 Fam LR 66
Giorginis v Kastrati (1988) 49 SASR 371
In the Marriage of Chemaisse (1987) 11 Fam LR 392
In the Marriage of Harris (1993) 16 Fam LR 579
In the Marriage of Kowaliw (1981) 7 Fam LR N13
In the Marriage of Malpass & Mayson (2000) 27 Fam LR 288
In the Marriage of P & P (1985) 9 Fam LR 1100
In the Marriage of Radwan (1985) 11 Fam LR 1
In the Marriage of Rowell; Deputy Commissioner of Taxation (Intervener) (1989) 96 FLR 449
In the Marriage of Tingley (1984) 10 Fam LR 707
In the Marriage of Zdravkovic (1982) 8 Fam LR 97
In the Marriage of Zschokke (1996) 20 Fam LR 766
James v Plummer (1888) 23 LJNC 107
Johnson v Johnson (No 1) (1999) 26 Fam LR 475
Kyriakos v Kyriakos (2013) 48 Fam LR 618
Lonrho Ltd v Shell Petroleum Co Ltd [1980] 1 WLR 627
Mitchell v Darley Main Colliery Co (1884) 1 Cab & El 215
Myers v Elman [1940] AC 282
Page v Vanker (Court of Appeal of the Supreme Court of New South Wales, unreported, 7 December 1990)
Palmdale Insurance Ltd (in liquidation) v L Grollo & Co Pty Ltd [1987] VR 113
Paris King Investments Pty Ltd v Rayhill [2006] NSWSC 578
Price v Price [2014] FamCA 1020
Sala & Habner (2018) 337 FLR 299
Strahan v Strahan (2009) 42 Fam LR 203
TNT Management Pty Ltd v Trade Practices Commission; Brambles Holdings v Trade Practices Commission (1983) 47 ALR 693
Trustee of the Property of Lemnos v Lemnos (2009) 41 Fam LR 120
Sidney Edward Williams and Frank Guthrie‑Smith, Daniell’s Chancery Practice: being a treatise on the practice of the Chancery Division and on appeal therefrom (Sweet & Maxwell, 8th edition, 1985)
Justice Paul Cronin, ‘The obligation to disclose; but what if they don’t’ (conference paper, National Family Law Conference, April 2008)
Edward Bray, Digest on the Law of Discovery with practice notes (Sweet & Maxwell, 1904)
APPLICANT: Mr Cao
RESPONDENT: Ms Trong
FIRST INTERVENER: Deputy Commissioner of Taxation
SECOND INTERVENER: Child…

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AGLC
Cao & Trong (No 2) [2019] FamCA 941
Case
[2019] FamCA 941
Decision Date

CaseChat Overview and Summary

In *Cao & Trong (No 2)*, Wilson J of the Federal Circuit and Family Court of Australia considered applications by both the wife and the husband for interim property orders concerning funds held in a controlled monies account. The dispute centred on the appropriate distribution of these funds pending final resolution of the property settlement proceedings.

The primary legal issue before the court was whether to grant interim property orders for the release of funds from the controlled monies account to either party. This required the court to assess the competing claims of the husband and wife for access to these funds during the ongoing litigation.

Wilson J refused both the wife's and the husband's applications for interim property orders from the controlled monies account. The court's reasoning, though not detailed in the provided text, indicates a determination that neither party had satisfied the necessary threshold for an interim distribution of these specific funds at that stage of the proceedings. The orders made reflect a decision to maintain the status quo of the controlled monies account pending further orders or the final determination of the property settlement.

Orders

Orders of the court

1.

The application by the wife for further interim property orders from the controlled monies account is refused.

2.

The application by the husband for interim property orders from the controlled monies account is refused.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

Full text does not contain this section.

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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