COLES & COLES

Case [2021] FamCA 144


FAMILY COURT OF AUSTRALIA

COLES & COLES [2021] FamCA 144
FAMILY LAW – ALTERATION OF PROPERTY INTERESTS – three day trial consumed largely by settlement negotiations – parties announce a resolution at the end of the second day of the trial – on the morning of the third day the parties announce the case is not resolved – applicant applying to amend – applicant seeking time to adduce further evidence to support amendment application – directions given.
Australian Securities and Investments Commission Act 2001 (Cth)
Family Law Act 1975 (Cth), s 117

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
ASIC v Kobelt (2019) 267 CLR 1
Bathurst City Council v PWC Properties Pty Ltd (1998) 195 CLR 566
Baumgartner v Baumgartner (1987) 164 CLR 137
Burges v Wheate Attorney-General v Wheater [1757] 28 ER 652
Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth (2019) 93 ALJR 807
Chen & Chen (No 3) [2020] FamCA 744
Cooke v Cooke [1987] VR 625
Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89
Fitzgerald v Fish (2005) 33 Fam LR 123
Giumelli v Giumelli (1999) 196 CLR 101
Hancock v Rinehart (2015) 106 ACSR 207
Higgins v Wingfield [1987] VR 689
In Re Williams, Williams v Williams [1897] 2 Ch 12
John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1
Kakavas v Crown Melbourne Ltd (2013) 250 CLR 392
Khalif & Khalif [2020] FamCA 39
McNab v Graham [2017] VSCA 352
Minister for Immigration and Citizenship v Hart (2009) 179 FCR 212
Muschinski v Dodds (1985) 160 CLR 583
Rasmussen v Rasmussen [1995] 1 VR 613
Registrar of Accident Compensation Tribunal v Commissioner of Taxation (1993) 178 CLR 145
Salvation Army (New South Wales) Property Trust v Chief Commissioner of State Revenue (2018) 96 NSWLR 119
Sturt v Mellish [1743] 26 ER 765
Tanwar Enterprises Pty Ltd v Cauchi (2003) 217 CLR 315
Wilson v Lord Bury (1880) 5 QBD 518

D. Hayton, P. Matthews & C. Mitchell, Underhill and Hayton: Law of Trusts and Trustees (LexisNexis, 19th ed, 2016)
The Honourable J. D. Heydon AC QC & The Honourable Justice M. J. Leeming, Jacobs' Law of Trusts in Australia (LexisNexis, 8th ed, 2016)

APPLICANT: Ms Coles
RESPONDENT: Mr Coles
FILE NUMBER: SYC 5785 of 2018
DIRECTIONS MADE: 19 March 2021
REASONS GIVEN: 22 March 2021
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Wilson J
HEARING DATE: 17, 18 & 19 March 2021

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr L. O’Reilly
SOLICITOR FOR THE APPLICANT: Jo-Anna F S Moy Solicitor
COUNSEL FOR THE RESPONDENT: Mr P. Batey
SOLICITOR FOR THE RESPONDENT: ATW Family Law

Orders

  1. Leave is granted to the parties to file and serve any further subpoenae on or before 4:00pm on 26 March 2021 and the inspection of documentation produced in response thereto must be completed by 4:00pm on 30 April 2021.

  2. On or before 4:00pm on Friday 14 May 2021 the…

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COLES & COLES [2021] FamCA 144
Case
[2021] FamCA 144
Decision Date

CaseChat Overview and Summary

In the proceeding before Wilson J, the parties were Coles and Coles. The nature of the dispute and the specific legal claims are not detailed in the provided text, which focuses solely on procedural orders.

The court was required to determine the timeline for the filing and service of further subpoenae, inspection of documents, and affidavit material by both the applicant and the respondent. Additionally, the court needed to set dates for the filing of written submissions and schedule a further hearing.

Wilson J granted leave for the parties to issue further subpoenae and set deadlines for their response and the inspection of produced documents. The court also established a timetable for the exchange of further affidavit evidence and the filing of written submissions by both the applicant and the respondent. A further hearing was adjourned for an interim defended hearing, with leave granted to either party to relist the proceeding on seven days' notice for any variation to prior orders. Costs thrown away by reason of an amendment application were reserved.

Orders

Orders of the court

1.

Leave is granted to the parties to file and serve any further subpoenae on or before 4:00pm on 26 March 2021 and the inspection of documentation produced in response thereto must be completed by 4:00pm on 30 April 2021.

2.

On or before 4:00pm on Friday 14 May 2021 the applicant must file and serve any further affidavit material on which she wishes to rely.

3.

On or before 4:00pm on Friday 28 May 2021 the respondent must file and serve any further affidavit material on which he wishes to rely in reply.

4.

On or before 4:00pm on Monday 7 June 2021 the applicant must file and serve written submissions.

5.

On or before 4:00pm on Thursday 17 June 2021 the applicant must file and serve written submissions.

6.

The further hearing of this proceeding is adjourned to 10:00am on Thursday 24 June 2021 for an interim defended hearing.

7.

Leave is granted to either party to relist this proceeding before me on seven days’ notice in respect of any variation to the orders of Henderson J made on 6 June 2019.

8.

I reserve costs thrown away by reason of the amendment application on 24 June 2021.

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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