Chen and Chen and Anor

Case [2016] FamCA 758


FAMILY COURT OF AUSTRALIA

CHEN & CHEN AND ANOR [2016] FamCA 758
FAMILY LAW – Injunctive relief declines on the basis of the evidence.  Inferences to be drawn from the evidence as presented.  Jurisdiction in dispute and issue concerns injunctions pending determination of jurisdiction.  Injunctions sought against third party where documents suggest contractual obligations were at arm’s length.  Injunction application refused.
Family Law Act 1975 (Cth)
ABC v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199
Abella v Anderson [1987] 2 QdR 1
Jackson v Stirling [1987] HCA 23; (1987) 162 CLR 612
R v Ross-Jones; exparte Green (1984) FLC 91-555
Waugh and Waugh [2000] FamCA 1183; (2000) FLC 93-052
Woodcock and Woodcock (1997) FLC 92-739
Yunghanns and Ors and Yunghanns [1999] FamCA 64
APPLICANT: Ms Chen
RESPONDENT: Mr Chen
THIRD PARTY: Ms Quen
FILE NUMBER: MLC 5805 of 2016
DATE DELIVERED: 8 September 2016
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Cronin J
HEARING DATE: 7 September 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr P Davis
SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes
COUNSEL FOR THE RESPONDENT: Mr Sweeney
SOLICITOR FOR THE RESPONDENT: Lander & Rogers
COUNSEL FOR THE THIRD PARTY: Mr Glick QC with Dr Ingleby
SOLICITOR FOR THE THIRD PARTY: Oakfair Lawyers

Orders

  1. That to the extent necessary to say so, paragraph 6 of the orders made on 27 July 2016 is discharged.

  2. That paragraphs 7, 8 and 9 of the orders made on 27 July 2016 are discharged.

  3. That leave is granted to all parties to file such further applications and affidavits as they are so advised.

  4. That paragraphs 2, 3, 4, 5 and 6 of the application for interim orders contained in the amended initiating application by the wife filed 27 July 2016 are dismissed.

  5. That paragraph 1 of the application for interim orders contained in the response to the initiating application filed by the husband on 5 August 2016 is dismissed.

  6. That paragraphs 1 and 2 of the application for interim orders contained in the response to the initiating application filed by the third party on 27 July 2016 together with paragraph 1 of her application in a case filed 31 August 2016 are adjourned to a date to be fixed to be determined at a time that the case management judge so directs.

  7. That the application in a case filed by the husband on 1 September 2016 is dismissed.

IT IS CERTIFIED:

  1. That pursuant to Order 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel, senior counsel and in the case of the third party, two counsel to attend.

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

IT IS NOTED that publication of this judgment by this Court under the pseudonym Chen & Chen and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons…

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Details
AGLC
Chen and Chen and Anor [2016] FamCA 758
Case
[2016] FamCA 758
Decision Date

CaseChat Overview and Summary

In the matter of *Chen and Chen*, Cronin J considered applications for interim orders in proceedings between the wife and the husband, and also involving a third party. The dispute concerned various interim applications filed by the parties.

The court was required to determine the fate of several interim applications made by the wife, the husband, and a third party. These applications sought various orders, including the discharge of existing orders and the granting of new interim relief.

Cronin J discharged certain paragraphs of previous orders made on 27 July 2016, and dismissed several interim applications made by the wife, the husband, and the third party. Leave was granted to all parties to file further applications and affidavits. Some applications by the third party were adjourned to a date to be fixed. The court also certified that it was reasonable for counsel, including senior counsel and, in the case of the third party, two counsel, to attend the proceedings.

Orders

Orders of the court

1.

That to the extent necessary to say so, paragraph 6 of the orders made on 27 July 2016 is discharged.

2.

That paragraphs 7, 8 and 9 of the orders made on 27 July 2016 are discharged.

3.

That leave is granted to all parties to file such further applications and affidavits as they are so advised.

4.

That paragraphs 2, 3, 4, 5 and 6 of the application for interim orders contained in the amended initiating application by the wife filed 27 July 2016 are dismissed.

5.

That paragraph 1 of the application for interim orders contained in the response to the initiating application filed by the husband on 5 August 2016 is dismissed.

6.

That paragraphs 1 and 2 of the application for interim orders contained in the response to the initiating application filed by the third party on 27 July 2016 together with paragraph 1 of her application in a case filed 31 August 2016 are adjourned to a date to be fixed to be determined at a time that the case management judge so directs.

7.

That the application in a case filed by the husband on 1 September 2016 is dismissed.

IT IS CERTIFIED:

8.

That pursuant to Order 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel, senior counsel and in the case of the third party, two counsel to attend.

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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