Chen & Chen & Anor (No 2)

[2017] FamCA 285

FAMILY COURT OF AUSTRALIA

CHEN & CHEN AND ANOR (NO 2) [2017] FamCA 285

FAMILY LAW – PRACTICE AND PROCEDURE – Pleadings- – Where there are multiple parties and properties-where the wife seeks orders against third parties- where the wife has filed a Statement of Facts and Contentions _Whether the wife should be required to file a Statement of Claim in accordance with the Rules of the Supreme Court of Victoria-procedural fairness- distinction made between the merits of an application versus whether it sufficiently identifies the nature and basis of a claim-where it is found that the wife’s lack of knowledge and discovery has prevented a more detailed Statement of Facts and Contentions

Family Law Act 1975 (Cth)
Supreme Court (General Civil Procedure) Rules 2015 (Vic)

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175Banque Commericale SA v Akhil Holdings Ltd [1990] HCA 11
Bourke & Bourke and Anor [2009] FamCA 27

APPLICANT: Ms Chen

FIRST RESPONDENT: Mr Chen

SECOND RESPONDENT: Ms Quen

THIRD RESPONDENT: C Pty Ltd

FILE NUMBER: MLC 5805 of 2016

DATE DELIVERED: 5 May 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Macmillan J

HEARING DATE: In Chambers

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Dickson QC

SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes

COUNSEL FOR THE FIRST RESPONDENT: Mr Bartfield QC

SOLICITOR FOR THE FIRST RESPONDENT: Landers & Rogers

COUNSEL FOR THE SECOND RESPONDENT: Dr Ingleby

SOLICITOR FOR THE SECOND RESPONDENT: Kenna Teasdale Lawyers

THE THIRD RESPONDENT: N/A

THE FOURTH RESPONDENT: N/A

THE FIFTH RESPONDENT: N/A

THE SIXTH RESPONDENT: N/A

THE SEVENTH RESPONDENT: N/A

THE EIGHTH RESPONDENT: N/A

THE NINTH RESPONDENT: N/A

THE TENTH RESPONDENT: N/A

Orders

IT IS ORDERED THAT

1. All extant applications be adjourned for hearing in the Registrars Directions Hearing List at 9.30 am on 26 May 2017.

2. The Application in a Case filed by the Second Named Respondent on 31 August 2016 be otherwise dismissed.

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 Ors (No 2) 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 (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 5805  of 2016

Ms Chen

Applicant

And

Mr Chen

First Respondent

And

Ms Quen

Second Respondent

And

C Pty Ltd

Third Respondent

And

Quen Pty Ltd (ACN …)

Fourth Respondent

And

E Pty Ltd (ACN …)

Fifth Respondent

And

Company F (ACN …)

Sixth Respondent

And

G Pty Ltd (ACN …)

Seventh Respondent

And

Mr A Chen

Eighth Respondent

And

Mr B Chen

Ninth Respondent

Mr C…