Chen & Chen (No 3) - [2024] FedCFamC1F 722

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Chen & Chen (No 3) [2024] FedCFamC1F 722

File number MLC 5805 of 2016

Judgment of WILSON J

Date of judgment 31 October 2024

Catchwords FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – application by the first respondent for a freezing order against the second respondent – claim that matrimonial assets were used in the acquisition of three properties – insufficient evidence to support such contention – application dismissed.

Cases cited
Chen v Chen (2020) 63 Fam LR 448

Dasreef v Hawchar (2011) 243 CLR 588

Dering v Earl of Winchelsea (1787) 29 ER 1184

Honeysett v R (2014) 253 CLR 122

Lang v R (2023) 95 ALJR 758

Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705

Paviello & Paviello [2022] FedCFamC1F 592

Woodcock v Woodcock (2021) 64 Fam LR 489

Division Division 1 First Instance

Number of paragraphs 17

Date of last submission 31 October 2024

Date of hearing 31 October 2024

Place Melbourne

Counsel for the applicant Did not participate

Counsel for the first respondent Mr N. Dour

Counsel for the second respondent Litigant in person

Counsel for the third respondent Did not participate

Solicitors for the fourth, fifth and sixth respondents – the liquidators Mr N. Ayliffe

Counsel for the seventh respondent Did not participate

Counsel for the eighth respondent Did not participate

Solicitors for the receivers Did not participate

Counsel for the ninth and tenth respondents Did not participate
ORDERS

MLC 5805 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN
MS CHEN

Applicant

AND
MR CHEN

First Respondent

MS QUEN
Second Respondent

ORDER MADE BY

WILSON J

DATE OF ORDER

31 OCTOBER 2024

THE COURT ORDERS THAT –
1.The application in a proceeding dated 30 October 2024 filed by the first respondent is dismissed.
2.The further hearing of this proceeding is adjourned to 10.00am on 17 February 2025.
3.Costs of this day are reserved.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym Chen & Chen has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
WILSON J

The first respondent has brought an urgent application sealed 30 October 2024 against the second respondent. In that application in a proceeding the first respondent seeks a variety…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Chen & Chen (No 3)

Details

AGLC: Chen & Chen (No 3) [2024] FedCFamC1F 722
Case: [2024] FedCFamC1F 722
Decision Date: 31 October 2024

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Ms Chen, the applicant, sought a freezing order against Ms Quen, the second respondent, claiming that matrimonial assets were used in the acquisition of three properties. Mr Chen, the first respondent, was not party to the application for the freezing order. The court was required to determine whether sufficient evidence existed to support the applicant's claims regarding the use of matrimonial assets.

The court examined the evidence provided and concluded that there was insufficient evidence to support the contention that matrimonial assets were used in the acquisition of the three properties. The court noted that the applicant had not provided adequate documentation or clear evidence to substantiate her claims. Consequently, the application for a freezing order was dismissed.

In dismissing the application, the court highlighted the need for more robust evidence to support claims involving significant financial transactions in family law proceedings. The further hearing of this matter was adjourned to 10.00am on 17 February 2025, and the costs of the day were reserved. The form of the order is subject to the entry in the Court’s records.

Orders

Orders of the court

MLC 5805 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MS CHEN

Applicant

AND

MR CHEN

First Respondent

MS QUEN

Second Respondent

ORDER MADE BY

WILSON J

DATE OF ORDER

31 OCTOBER 2024

THE COURT ORDERS THAT –

1. The application in a proceeding dated 30 October 2024 filed by the first respondent is dismissed.

2. The further hearing of this proceeding is adjourned to 10.00am on 17 February 2025.

3. Costs of this day are reserved.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number	MLC 5805 of 2016
Judgment of	WILSON J
Date of judgment	31 October 2024
Catchwords	FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – application by the first respondent for a freezing order against the second respondent – claim that matrimonial assets were used in the acquisition of three properties – insufficient evidence to support such contention – application dismissed.
Cases cited	Chen v Chen (2020) 63 Fam LR 448 Dasreef v Hawchar (2011) 243 CLR 588 Dering v Earl of Winchelsea (1787) 29 ER 1184 Honeysett v R (2014) 253 CLR 122 Lang v R (2023) 95 ALJR 758 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Paviello & Paviello [2022] FedCFamC1F 592 Woodcock v Woodcock (2021) 64 Fam LR 489
Division	Division 1 First Instance
Number of paragraphs	17
Date of last submission	31 October 2024
Date of hearing	31 October 2024
Place	Melbourne
Counsel for the applicant	Did not participate
Counsel for the first respondent	Mr N. Dour
Counsel for the second respondent	Litigant in person
Counsel for the third respondent	Did not participate
Solicitors for the fourth, fifth and sixth respondents – the liquidators	Mr N. Ayliffe
Counsel for the seventh respondent	Did not participate
Counsel for the eighth respondent	Did not participate
Solicitors for the receivers	Did not participate
Counsel for the ninth and tenth respondents	Did not participate

MLC 5805 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN	MS CHEN Applicant
AND	MR CHEN First Respondent MS QUEN Second Respondent

ORDER MADE BY	WILSON J
DATE OF ORDER	31 OCTOBER 2024