FAMILY COURT OF AUSTRALIA
| CHEN & CHEN AND ORS | [2020] FamCA 602 |
| FAMILY LAW – INJUNCTION – husband making further attempt to enjoin his alleged former de-facto wife from dissipating assets – events relied on for application dating back to 2018 – no more recent evidence – no serious issue to be tried – balance of convenience not in husband’s favour – application refused. |
| Family Law Act 1975 (Cth) s 106(B) Family Law Rules 2004 (Cth) r 14.05 |
| Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Chen & Chen and Anor [2016] FamCA 758 Chen & Chen and Anor [2017] FamCA 115 Chen & Chen and Anor [2017] FamCA 285 Chen & Chen and Anor [2017] FamCA 555 Chen & Chen and Anor [2018] FamCA 828 Chen & Chen and Anor [2019] FamCA 88 Jackson v Sterling Industries Ltd (1987) 162 CLR 612 Waugh & Waugh (2000) 27 Fam LR 63 |
| APPLICANT: | Ms Chen |
| FIRST RESPONDENT: | Mr Chen |
| SECOND RESPONDENT: | Ms Quen |
| THIRD RESPONDENT: | C Pty Ltd (ACN…) |
| FOURTH RESPONDENT: | Quen Pty Ltd (ACN…) |
| FIFTH RESPONDENT: | E Pty Ltd (ACN…) |
| SIXTH RESPONDENT: | Company F (ACN…) |
| SEVENTH RESPONDENT: | B Pty Ltd (ACN…) |
| EIGHTH RESPONDENT: | Mr A Chen |
| NINETH RESPONDENT: | Mr B Chen |
| TENTH RESPONDENT: | Mr C Chen |
| FILE NUMBER: | MLC | 5805 | of | 2016 |
| DATE DELIVERED: | 24 July 2020 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Wilson J |
| HEARING DATE: | 16 July 2020 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | No Appearance |
| SOLICITOR FOR THE APPLICANT: | No Appearance |
| COUNSEL FOR THE FIRST RESPONDENT: | No Appearance |
| SOLICITOR FOR THE FIRST RESPONDENT: | Jano Family Law |
| COUNSEL FOR THE SECOND RESPONDENT: | Mr L Glick QC |
| SOLICITOR FOR THE SECOND RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE THIRD RESPONDENT: | No Appearance |
| SOLICITOR FOR THE THIRD RESPONDENT: | No Appearance |
| COUNSEL FOR THE FOURTH RESPONDENT: | Mr L Glick QC |
| SOLICITOR FOR THE FOURTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE FIFTH RESPONDENT: | Mr L Glick QC |
| SOLICITOR FOR THE FIFTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE SIXTH RESPONDENT: | Mr L Glick QC |
| SOLICITOR FOR THE SIXTH RESPONDENT: | Kenna Teasdale Lawyers |
| COUNSEL FOR THE SEVENTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE SEVENTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE EIGTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE EIGTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE NINTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE NINTH RESPONDENT: | No Appearance |
| COUNSEL FOR THE TENTH RESPONDENT: | No Appearance |
| SOLICITOR FOR THE TENTH RESPONDENT: | No Appearance |
Orders
The first respondent’s application in a case filed 10 July 2020 is dismissed.
The matter remains listed for a directions hearing on 10 August 2020.
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 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 for Judgment may be subject to review to remedy minor typographical or grammatical errors…
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- AGLC
- Chen and Chen & Ors [2020] FamCA 602
- Case
- [2020] FamCA 602
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the determination of the first respondent's application filed on 10 July 2020. The court was required to decide whether to grant or dismiss this application.
Wilson J dismissed the first respondent's application. The matter was subsequently listed for a directions hearing on 10 August 2020.
Orders
Orders of the court
1.
The first respondent’s application in a case filed 10 July 2020 is dismissed.
2.
The matter remains listed for a directions hearing on 10 August 2020.
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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