Cirillo & Cirillo (No 8)
[2023] FedCFamC1F 203
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Cirillo & Cirillo (No 8) [2023] FedCFamC1F 203
File number(s): SYC 4192 of 2020 Judgment of: ALDRIDGE J Date of judgment: 27 March 2023 Catchwords: FAMILY LAW – PROPERTY – Application filed by the husband for an order to be made pursuant to r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) to insert words to a final order to reflect that the husband is solely entitled to the funds held in a controlled monies account – Where the funds in the controlled monies account remain those of the trustee of the trust – Where the reasons for judgment provided that the husband would receive the benefit of those funds by receiving the benefit of the ownership of the trustee – Notation made – Application in a Proceeding is dismissed. Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.13 Division: Division 1 First Instance Number of paragraphs: 9 Date of hearing: 27 March 2023 Place: Sydney The Applicant: Litigant in person Solicitor for the Respondents: Boyce Family Law & Mediation ORDERS
SYC 4192 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS CIRILLO
Applicant
AND: MR CIRILLO
First Respondent
B PTY LTD
Second Respondent
order made by:
ALDRIDGE J
DATE OF ORDER:
27 MARCH 2023
THE COURT ORDERS THAT:
1.The Application in a Proceeding filed on 24 March 2023 is dismissed.
THE COURT NOTES THAT:
A.TT Lawyers are at liberty to disburse the funds in the controlled monies account in accordance with the direction of B Pty Ltd.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 the pseudonym Cirillo & Cirillo has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
ALDRIDGE J:
This is an application by Mr Cirillo, the husband, for an order to made under r 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) for the insertion, to Order 15(a) of the final orders made in this matter, of the following “the funds held in the controlled monies account operated and held by [TT Lawyers] pursuant to orders made on 8 October 2021”.
The effect of that order if made, would be that, as between the parties and subject to these orders, the husband be solely entitled to the funds held in the controlled monies account. Therefore that order if made would declare the husband to be owner of those funds to the exclusion of not only Ms Cirillo, the wife, but also B Pty Ltd (“B Pty Ltd”), who is a party to the proceedings.
The structure of the judgment and the orders are that the husband is to receive B Pty Ltd, including the Cirillo Family Trust of which it is the trustee. The funds in the TT Lawyers controlled monies account represent the balance of the proceeds of sale of LL Property, a property which was owned by B Pty Ltd.
There is no suggestion anywhere that there has been a transfer of those funds away from B Pty Ltd and consequently the funds in the account remain those of B Pty Ltd.
I did not intend in the reasons to remove those funds from B Pty Ltd and give them to the husband. The reference to the husband receiving the benefit of those funds, is by receiving the benefit of the ownership of B Pty Ltd. Therefore it seems to me that he is in control of B Pty Ltd and can direct the disbursement of those funds.
Nevertheless, TT Lawyers are concerned that they not be exposed to any liability if they act in accordance with such a direction. Therefore, with the consent of the applicant husband, I am prepared to make a note that TT Lawyers are entitled to deal with the funds in the controlled monies account at the direction of B Pty Ltd.
Ms Cirillo, the wife, has opposed that order on a number of bases. She says that she needs those funds now for a number of reasons including to support herself and retain lawyers to act on her behalf.
Unfortunately such an order would involve reconsideration of the final property orders which cannot be done legally on an application such as this and where a judge is limited to correcting orders that do not reflect the intent of the Court as explained in the reasons for judgment.
Accordingly, I will make a notation as indicated and otherwise dismiss the Application in a Proceeding.
I certify that the preceding nine (9) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Aldridge. Associate:
Dated: 27 March 2023
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