D’Cruz and Pierce and Ors

Case •

[2012] FamCA 162

•

15 March 2012

FAMILY COURT OF AUSTRALIA

D’CRUZ & PIERCE AND ORS [2012] FamCA 162
FAMILY LAW – PROPERTY - Final settlement of property and consent orders presented to court – S 79 proceedings – Further Respondents 7th, 8th, 9th and 10th added to proceedings by consent –Attendance of Counsel for the Commissioner of Taxation, not as a party but as an interested person – Confirmation by all Counsel and Solicitors of their client’s knowledge and understanding of the proceedings and consent to final orders – S 79(2) declaration as to just and equitable – Separate binding child support agreement for a child – Separate adult child maintenance orders made pursuant to s 66L – Finality of orders and conclusion of all proceedings – Orders made removing the case from the docket of the trial Judge
Family Law Act 1975 (Cth)
APPLICANT: Ms D’Cruz
RESPONDENT: Mr M Pierce
SECOND RESPONDENT: Mr C Pierce
FIFTH RESPONDENT: Mr T
SIXTH RESPONDENT: MT Trustees Ltd
SEVENTH RESPONDENT: KP Pty Ltd
EIGHTH RESPONDENT: LO Pty Ltd
NINTH RESPONDENT: G Investments Pty Ltd
TENTH RESPONDENT: BNE Pty Ltd
FILE NUMBER: MLF 3135 of 2004
DATE DELIVERED: 15 March 2012
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Young J
HEARING DATE: 15 March 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT & 9TH RESPONDENT: Mr Brown SC
SOLICITOR FOR THE APPLICANT: Kennedy Wisewould
COUNSEL FOR THE 1ST & 10TH RESPONDENTS: Mr Sweeney, Mr O’Shannessy
SOLICITOR FOR THE RESPONDENT: Griffin Sweeney Lawyers
COUNSEL FOR THE 2ND, 7TH & 8TH RESPONDENTS: Mr Splatt
SOLICITOR FOR THE 2ND, 7TH & 8TH RESPONDENTS: Taylor Splatt Partners
COUNSEL FOR THE 5TH RESPONDENT: Ms Cheng
SOLICITOR FOR THE 5TH RESPONDENT:: Taussig Cherrie Fildes
COUNSEL FOR THE COMMISSIONER OF TAXATION: Mr Moore

Orders

IT IS DECLARED, AT THE REQUEST OF THE PARTIES THAT:

  1. THAT the property situated at and known as … D Street, Suburb B and being the whole of the property more particularly described in Certificate of Title Volume … Folio … ("the D Street property"), the registered proprietor being LO Pty Ltd, is held on bare trust for the husband who is absolutely entitled to the D Street property.

  2. THAT the mortgage registered No. … in favour of EB Finance Ltd registered on Certificate of Title Volume … Folio … being the Certificate of Title of the D Street property is set aside as a sham and further set aside pursuant to section 106B of the Family Law Act 1975.

  3. THAT the debt, if any, due to the corporation or company known as EB Finance Ltd, previously with a registered office in the Republic of Ireland, due by LO Pty Ltd and secured by mortgage over the D Street property ("the EB mortgage") be and is held on trust for the husband.

IT IS FURTHER ORDERED BY CONSENT:

  1. THAT the following parties be and are added as parties to these proceedings:

    1.1KP Pty Ltd ("KP") as the Seventh Respondent;

    1.2LO Pty Ltd ("LO") as the Eighth Respondent;

    1.3G Investments Pty Ltd ("G") as the Ninth Respondent;

    1.4BNE Pty Ltd ("BNE") as the tenth respondent.

  2. THAT within fourteen (14) days of this order, the Fifth Respondent pay to the solicitors for the wife for payment out to the wife or at her direction the sum of $150,000.00 ("the T payment") as follows:

    2.1$62,472.63 in full and final satisfaction of paragraph 1(c) of the orders made by the Family Court of Australia on 23 November 2010 together with penalty interest accrued thereon in the agreed sum of $7,527.37;

    2.2$60,000.00 in full and final satisfaction of the wife's Application in a Case filed on 30 September 2010; and

    2.3the wife's costs of and incidental to her Application in a Case filed on 30 September 2010 fixed in the sum of $20,000.00.

    2.4contemporaneously with the T payment, the husband and wife do all such acts and things and sign all such documents as may be requested of them to release the Fifth Respondent and WH Firm from all claims by them, such release or documentation to be prepared by the Fifth Respondent at his expense.

  3. THAT within thirty (30) days or as soon as MT Trustees Ltd is able to give effect to these orders the parties and each of them do all things and sign all documents to cause the Sixth Respondent MT Ltd to, in the following order, forthwith:

    3.1calculate and provide to the parties accounts of any fees properly payable to HH Ltd and RR Company on account of the affairs of MT Trustees Ltd;

    3.2calculate and provide to the parties details of, and make provision for, any taxation payable by MT Trustees Ltd on account of the affairs of MT Trustees Ltd in, or to the Government of, New Zealand;

    3.3convert to cash all bank deposits, money held, investments or money due to or held by or controlled by MT Trustees Ltd including any money or assets held or controlled by MT Trustees Ltd including money or assets held on behalf of or due to the following:

    3.3.1The DD Trust;

    3.3.2GR Ltd;

    3.3.3any other beneficiary account including Mr C Pierce and Ms L Pierce;

    3.3.4The RE Trust;

    3.3.5The C Pierce Trust (and its entities);

    3.3.6EB Finance Ltd (if any);

    3.3.7and items 3.3.1 to 3.3.6 are hereinafter referred to as the "MT money";

    3.4pay (and if unable to be paid make provision for) all fees and taxes as referred to in paragraphs 3.1 and 3.2 herein;

    3.5pay the whole of the MT money to G Investments Pty Ltd by payment as follows:

    3.5.1by payment of the amount of $4,263,000.00 to the G Investments Pty Ltd trust account at National Australia Bank Account No. … ("the K Partners G Investments trust account");

    3.5.2and thereafter by payment of the balance of the MT money to the G Investments Pty Ltd account at National Australia Bank Account No. … ("the existing G Investments Account").

  4. THAT contemporaneously with the payments described at paragraph 3.5 above the parties do all things and sign any necessary document to cause:

    4.1G Investments to pay $5,183,000.00 to the wife by:

    4.1.1payment of $4,263,000.00 from the K Partners G Investments trust account for payment out to the wife or as she directs; and

    4.1.2payment of $920,000.00 from the existing G Investments account,

    and contemporaneously with those payments the wife to pay:

    4.1.3the sum of $920,000.00 from the existing G Investments account to G Investments by payment to the existing G Investments account to repay loans recorded as due to G Investments;

    4.1.4to the Commonwealth Bank of Australia the sum sufficient to discharge the mortgage loan being Account No. … (balance about $435,000.00 as at 29 February 2012) from the K Partners G Investments trust account.

    4.2G Investments to pay $2,080,000.00 to the husband ("the G Investments payment to the husband");

    4.3contemporaneously with the G Investments payment to the husband, the husband to pay and advance to BNE Pty Ltd, as the trustee of the M Pierce Trust, the sum of $2,000,000.00;

    4.4contemporaneously with the G Investments payment to the husband, the husband to pay and advance to G Investments $80,000.00 to repay loans recorded as due;

    4.5contemporaneously with the G Investments payment to the husband, BNE Pty Ltd as the trustee of the M Pierce Trust to pay to G Investments the sum of $2,000,000.00 to discharge loan from G Investments to the M Pierce Trust; and

    4.6BNE Pty Ltd to transfer to the wife the property situate at and known as … C Street, Suburb B, being the whole of the land more particularly described in Certificate of Title Volume … Folio …, for her own use and benefit absolutely.

    4.7G Investments and the husband to pay to the Australian Taxation Office ("the ATO") the sum of $6,009,564.00 being the amount required pursuant to the Deed of Settlement between the ATO and G Investments and the husband dated this day and in accordance with the terms of settlement therein.

    4.8the wife to provide a withdrawal of the caveat over the D Street property.

  5. THAT upon the written request of the husband, as beneficiary, to LO Pty Ltd, then LO Pty Ltd, as trustee, transfer the trust property, being the D Street property to the husband and do all things and execute all documents necessary to effect that transfer of land.

  6. THAT LO Pty Ltd forthwith execute a transfer of land transferring all its right title and interest in the D Street property to the husband.

  7. THAT the wife co-operate with, and the other parties do all things and sign all documents required, to cause and obtain and register the discharge of the EB mortgage.

  8. THAT contemporaneously with the transfer by LO Pty Ltd to the husband of the D Street property the husband do all acts and things and execute any necessary document to:

    8.1indemnify the Second Respondent, Mr C Pierce, as to any liability of, or relating to, the D Street property and the EB mortgage including but not limited to rates, taxes, and builder's fees; and

    8.2indemnify the Second Respondent, Mr C Pierce, as to any liability of Mr C Pierce to MT Trustees Ltd including the liability of $398,000.00 referred to at notation D to these orders.

  9. THAT contemporaneously with the payment described at paragraph 3.5 above the wife do all acts and things and sign all such documents as may be requested of her by the husband, and the husband to provide such documentation (at his expense), to resign any office she holds in, and relinquish any claim to, and transfer to the husband any interest she has or may have in, the following entities:

    9.1G Investments;

    9.2BNE Pty Ltd;

    9.3M Pierce Trust;

    9.4MT Trustees Ltd as trustee of the MT Trust;

    9.5MN Trust;

    9.6AH Pty Ltd;

    9.7PH Pty Ltd;

    9.8EQM Pty Ltd;

    9.9The RE Trust;

    9.10GR Ltd;

    9.11DD Ltd as trustee of the DD Trust,

    hereinafter called "the Group entities" and the wife deliver to the husband all books, cheque books, accounts and documents in her power or possession belonging to any of the Group entities.

  10. THAT subject to paragraphs 5 to 7 inclusive of these orders and the declarations herein relating to the D Street property, and contemporaneously with the payment described at paragraph 3.5 above the wife do all acts and things and sign all such documents as may be requested of her by Mr C Pierce to provide such documentation (at his expense), to resign any office she holds in, and relinquish any claim to, and transfer to Mr C Pierce any interest she has or may have, in the following entities:

    10.1LO Pty Ltd;

    10.2KP Pty Ltd;

    10.3C Pierce Trust; and

    hereinafter called "the C Pierce entities" and the wife deliver to C Pierce all books, cheque books, accounts and documents in her power or possession belonging to any of the C Pierce entities if any and if located by her.

  11. THAT, save as to any liability relating to the D Street property and the EB mortgage, Mr C Pierce indemnify the husband and the wife with respect to any and all liabilities (including any taxation liability and loan accounts) owing to, incurred by, arising from or associated with:

    11.1The C Pierce Entities (or any of them); and

    11.2Mr C Pierce.

  12. THAT contemporaneously with the payment described at paragraph 3.5 above the funds held on trust by the Second Respondent's solicitors from the sale of the Town W property pursuant to paragraph 1 of the orders of 10 September 2010 be released to the Second Respondent, Mr C Pierce.

  13. THAT the second respondent Mr C Pierce be and is hereby restrained from taking any proceeding or action against the wife as to any matter arising from this proceeding.

  14. THAT subject to the Second Respondent's compliance with paragraph 13 herein, the wife be and is hereby restrained from taking any proceeding or action against the Second Respondent including enforcement of any costs order in the proceedings and the costs order made on 23 November 2010.

  15. THAT the husband indemnify the wife with respect to any and all liabilities (including any taxation liability and loan accounts) owing to, incurred by, arising from or associated with:

    15.1The Group entities (or any of them);

    15.2The C Pierce entities (or any of them);

    15.3Mr C Pierce; and

    15.4EB Finance Ltd.

  16. THAT contemporaneously with the payment described at paragraph 3.5 above the wife transfer to the husband all her right title and interest in the Group entities.

  17. THAT contemporaneously with the payment described at paragraph 3.5 above the husband indemnify the wife in regard to any liability including any taxation liability of or concerning the Group entities and D Street and the EB mortgage.

  18. THAT the wife and Mr C Pierce forthwith do all such things and execute any necessary document, as requested by the husband, to authorise the husband to cause the Sixth Respondent, MT Trustees Ltd, to request to have paid or assigned to MT Trustees Ltd any money or assets not under its control or direction and as may be held by, due to and/or controlled by:

    18.1GR Ltd arising from transfers and/or distributions from the MT Trust, MT Trustees Ltd, the DD Trust or DD Ltd to be paid to MT Trustees Ltd;

    18.2the trustees of the RE Trust arising from transfers and/or distributions from the MT Trust, MT Ltd, the DD Trust or DD Ltd to be paid to MT Trustees Ltd.

  19. THAT save as provided above Mr C Pierce be restrained from executing or forwarding any other request, direction or authority to the trustees of the RE Trust and/or GR Ltd and/or the Sixth Respondent, MT Trustees Ltd.

  20. THAT provided the husband has complied with these orders and in the event that the Sixth Respondent, MT Trustees Ltd receives or becomes entitled to any money or benefit in accordance with paragraph 18 herein, other than the funds referred to at paragraph 3.3 herein, such money or benefit be paid or assigned to G Investments and thereafter distributed and/or transferred to the husband as part of this property settlement that he is entitled to pursuant to these orders.

  21. THAT subject to compliance by the Sixth Respondent MT Trustees Ltd with these orders, the husband and the Second Respondent, Mr C Pierce, do all things and sign all documents required to release and indemnify the directors, the solicitors and the accountants of the Sixth Respondent, MT Trustees Ltd, as to any matter or claim arising from their bona fide administration of the affairs of the Sixth Respondent and their compliance with these orders.

  22. THAT, save for the purpose of enforcing these orders, the wife her servants and agents be and are restrained from taking any proceedings or action against or in respect of the directors, the solicitors and the accountants of the Sixth Respondent as to any matter.

  23. THAT upon the payment referred to at paragraph 3.5 all extant orders (and arrears) relating to costs and spousal maintenance concerning the husband are discharged and the orders of 23 November 2010 as relating to the husband are otherwise discharged.

  24. THAT save as provided herein, and upon the payments to the wife as provided herein all extant injunctions restraining the parties are otherwise discharged.

  25. THAT there be no further orders as to costs and all orders reserving costs are discharged.

  26. THAT all Applications and Responses filed are otherwise dismissed and the proceedings are removed from the docket of Young J.

  27. THAT unless otherwise specified in these orders and save for the purpose of enforcing any monies due under these or any subsequent orders:

    27.1each party be solely entitled to the exclusion of the other to all other property (including choses-in-action) in the possession of such party as at the date of these orders (the furniture, personal possessions, and like chattels in the C Street property being deemed to be in the possession of the wife).

    27.2monies standing to the credit of the husband and wife in any joint bank account are to become the property of the husband.

    27.3each party retain any superannuation benefits belonging to or earned by that party.

    27.4insurance policies remain the sole property of the owner named thereon/in.

    27.5each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders.

    27.6any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

    IT IS CERTIFIED

  28. THAT pursuant to Rule 19.50 of the Family Law Rules this matter reasonably required the attendance of Senior Counsel and Counsel for each of the wife and Ninth Respondent, the husband and Tenth Respondent and Solicitor appearing as Counsel for the Second Respondent, Seventh Respondent, Eighth Respondent and Fifth Respondent and the Commissioner of Taxation.

THE COURT NOTES

A.THAT the parties intend these orders shall as far as practicable finally determine the financial (and other) relationships between them and avoid further proceedings between them.

B.THAT the payment to the wife of $5,183,000.00 is calculated as follows:

B.1 The sum to be paid to G Investments to discharge loans

$920,000
B.2 On account of costs outstanding $750,000
B.3 To discharge the C Street loan facility as at 29 February 2012

$435,000
B.4 The payment on account of potential CGT $78,000
B.5 To the wife $3,000,000
$5,183,000

C.THAT the husband and the wife have agreed to execute a binding child support agreement providing for the husband to pay for the support of the child N born … October 1997 directly the following amounts:

C.1Y School fees

C.2health insurance

C.3out-of-pocket medical and dental expenses

C.4skiing, musical and dental expenses

C.5Y school trips and extracurricular activities

C.6travel - Myki cards

C.7pocket money ($80.00 per week),

and the husband and wife acknowledge that child support payments are up to date.

D.THAT the parties acknowledge that the directors of MT Trustees Ltd have advised the MT Trust does not hold or is owed any money or assets on behalf of the DD Trust, the RE Trust, the C Pierce Trust (and its entities) Ms L Pierce and EB Finance Ltd (if any).  The directors have further advised that the financial statements of MT Trust disclosed that Mr C Pierce owes the sum of $398,900.00 to the MT Trust and that GR Ltd is owed the sum of $99,453.00.  The parties recognise that these figures have arisen from distributions which were made in Australian currency but were accounted for in New Zealand dollars.  The amounts therefore arose by virtue of exchange rate fluctuations when the distributions were converted into New Zealand dollars for preparation of the financial statements.  The parties acknowledge that MT Trustees Ltd is not required to pay out or retrieve these sums accordingly.

E.THAT the parties intend that money or assets, if any, sourced from money from G Investments held by MT Trustees Ltd and/or to which MT Trustees Ltd is entitled be ascertained and paid to G Investments and then to the husband and that after the transfer of the D Street property to the husband that Mr C Pierce be entitled to any remaining asset or benefit of the Mr C Pierce entities, if any, sourced from money or resources of Mr C Pierce.  

F.THAT an email between Counsel for the husband and solicitors for the Sixth Respondent as to settlement negotiations has been tendered as exhibit "H1" and is to remain on file as evidence of the Sixth Respondent's participation in and knowledge of settlement discussions.

G.THAT all documents received and files that had previously been subpoenaed to court are to be forthwith returned by the subpoenas clerk of the Family Court of Australia Melbourne registry to the person or organisation who produced the same.

H.THAT these orders are made consequent upon the orders and findings of Dessau J on 29 October 2008.

IT IS NOTED that publication of this judgment under the pseudonym D'Cruz & Pierce and Ors is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 3135 of 2004

Ms D’Cruz

Applicant

And

Mr M Pierce

Respondent

And

Mr C Pierce
Second Respondent

And

Mr T
Fifth Respondent

And

MT Trustees Ltd
Sixth Respondent

And

KP Pty Ltd
Seventh Respondent

And

LO Pty Ltd
Eighth Respondent

And

G Investments Pty Ltd
Ninth Respondent

And

BNE Pty Ltd
Tenth Respondent

REASONS FOR JUDGMENT

  1. The defended property and financial proceedings in the matter of D’Cruz & Pierce and each of the other nine respondents has been compromised out of Court and minutes of consent orders have now been presented to me. I am asked to make final orders pursuant to section 79 of the Family Law Act 1975 (Cth).

  2. I first am asked to give leave to various corporate entities to be added as the seventh, eighth, ninth and tenth respondent, and by consent I so order.

  3. I have further been asked to give leave to the filing of affidavits of Ms GG and Mr JJ, and I have given such leave with the consent of all parties, and those affidavits have now been filed and entered into the court record of evidence in these proceedings.

  4. The previous court history of this matter, and the proceedings before Dessau J on and before 29 October 2008 and the subsequent Full Court proceedings and their orders are matters of record.

  5. Counsel and solicitors for the various parties have indicated to me today that these final orders are made as a consequence of the earlier orders of this court and all of the subsequent investigations and financial interests that have been discussed, negotiated and compromised with the assistance of experienced counsel and solicitors.

  6. I have read the form of final orders and declarations.  There are three specific declarations that I am asked to make and in the final draft presented to me they were incorporated within what were then paragraphs 5, 8 and 9 of the document.  They will now be re-engrossed so that the declarations are made upfront as paragraphs 1, 2 and 3, but all of the declarations are made with the consent and agreement of all parties. 

  7. Thereafter the orders concluding the settlement of property will be engrossed, but in the identical form, save for certain minor amendments that have been discussed in open court.

  8. I have heard from Mr Brown, Senior Counsel for the wife, and have a clear understanding of the settlement that is offered to her as applicant.  That settlement is, in any event, somewhat identified in notation (b) to the orders.

  9. Mr Brown asserted that the settlement is a just and equitable settlement for his client.  Significantly she has acknowledged through him that it is final and binding upon her, as it is upon all other parties to these orders.

  10. The settlement is both endorsed and supported by Counsel and solicitors for the respondent husband, and otherwise for each of the second, fifth, sixth, seventh, eighth, ninth and tenth respondents. 

  11. I record that Mr Moore of Counsel does not appear for a party but is in court and, by leave, is at the bar table to represent the interests of the Commissioner of Taxation.

  12. I am told that there have been arms length and appropriate discussions with the Commissioner, and Mr Brown has advised that there are subsequent deeds to be signed as a consequence of these orders, which will facilitate the required negotiated payment and conclusion of any and all outstanding or future taxation claims between respective parties to these proceedings and the Commissioner.

  13. I have asked Mr O’Shannessy, who appears with his leader, Mr Sweeney, as to the husband’s knowledge and understanding of these orders, and there has been a firm and positive response that the husband knows, understands and appreciates both the financial detail of the order and its finality.

  14. Likewise, Ms Cheng, who appears as solicitor for the fifth respondent, Mr T, acknowledged his understanding of his financial obligation imposed by the order and his informed consent thereto.

  15. Otherwise, Counsel have variously announced their appearances for the ninth and tenth respondents, and I have accepted from both Mr Brown and Mr O’Shannessy their consent.

  16. Mr Splatt is an experienced solicitor in this court who represents the second respondent, and he has also announced his appearance for the seventh respondent and the eighth respondent.

  17. Likewise, he has given an assurance to the Court that his clients, but particularly the second respondent, has a complete knowledge and understanding of the terms of the settlement and the minute of consent orders now before me. 

  18. The second respondent is in court, as is the husband and wife, and they have heard the proceedings before me, the questions asked, and my determination to have a full and complete disclosure to the court of the knowledge, understanding and finality from each of the applicant, the first respondent and the second respondent.  That now is the case.

  19. The obligation of the Court is to determine a just and equitable settlement of property, and I declare, pursuant to section 79(2) of the Family Law Act 1975 (Cth) (“the Act”) that this settlement, as between all of the parties to the orders, represents a just and equitable result and is therefore, now, binding upon each and every one of the named respondents and the applicant wife. I formally pronounce the orders.

  20. I record also that the notations highlight a binding child support agreement to be drawn in respect of one of the children of the husband and wife and that, separately and by consent, there is an order to be made pursuant to section 66L of the Act in respect of the child, L. I formally pronounce those adult child maintenance orders.

  21. I will ask the solicitor for the wife to complete the fine-tuning and specific engrossment of these orders, to immediately forward a copy to the legal practitioners for all parties, and then, when consent is available to her, to email to the court the final form of orders inclusive of all amendments incorporated in the draft document now before me, the further amendments that have arisen out of discussion in court now, and the restructuring and re-engrossing of the orders as suggested.

  22. I will further order the return forthwith of all subpoenaed documents. 

  23. I will certify for all Counsel, and solicitors appearing as Counsel, and for Senior Counsel.

  24. Finally, I do congratulate the parties.  I can only imagine the time, emotion, concern taken, both in the proceedings and in negotiating an outcome of the proceedings, which clearly would have been run over a lengthy period of time, perhaps some time next year, if it was then ready, and at a very substantial financial cost to all parties.  All of those future costs are now avoided.

  25. I congratulate Counsel and solicitors involved in all of the negotiations and, ultimately, the final, concluded settlement, which is now both approved and endorsed by the court, and I have made the section 79(2) declaration and final orders.

  26. I will have these brief extempore reasons for judgment transcribed, placed upon the court file, and provide it to all parties.

    RECORDED  :  NOT TRANSCRIBED

  27. And as to the solicitors, the solicitors for the second respondent will now be shown to act also for the seventh respondent and the eighth respondent.

  28. The solicitors for the husband will now be shown to act also for the tenth respondent, and the solicitors for the wife will be shown also to act for the ninth respondent.

  29. Now, the appearances will read, upon hearing:  Mr Brown, Senior Counsel for the applicant wife and the ninth respondent, Mr Sweeney of Counsel, with him, Mr O’Shannessy of Counsel, for the respondent husband and the tenth respondent, Mr Splatt, solicitor, for the second respondent, seventh respondent and eighth respondent, Ms Cheng, solicitor for the fifth respondent, and there being no appearance by or on behalf of the sixth respondent (save for the notation attached to these orders), and Mr Moore of Counsel, appearing by leave to represent the interests of the Commissioner of Taxation.

  30. It is declared, at the request of the parties, that – and then there will be three declarations to go in there that will be emailed.

  31. I direct the solicitors for the wife to engross the further declarations and consent orders and notations and, as soon as practicable, to forward them to my associate after the consent of all other parties has been obtained to the final form of declaration and orders.

  32. For case management purposes, all extant applications, both interim and final, are otherwise dismissed, and all proceedings are removed from the docket of Young J.

  33. The certification order will be made in the usual form for Counsel, including Senior Counsel for the parties and solicitor appearing as counsel for respective parties.

  34. The extempore reasons for judgment are to be transcribed, placed upon the court file and made available to all parties.

  35. The Court has formally declared, pursuant to section 79(2) of the Family Law Act 1975 (Cth) as to the justice and equity of the outcome, and orders are now made on that basis.

    RECORDED  :  NOT TRANSCRIBED

  36. Now, separately and as a further order, this time only as between the husband and wife but dated this date, the order will read:

    Upon hearing Mr Brown, Senior Counsel for the applicant wife, and Mr Sweeney of Counsel, with him Mr O’Shannessy of Counsel for the respondent husband.

  37. It is ordered by consent.

  38. I order pursuant to section 66L of the Act in the terms as are to be engrossed and forwarded by email transmission by the wife’s solicitor to my associate, and to those orders there is no request to separately certify, and therefore those orders are separately prepared but dated this date.

  39. I direct the draft but final minutes of orders, executed by all parties, to be retained upon the court file.

    RECORDED  :  NOT TRANSCRIBED

I certify that the preceding Thirty Nine
(39) paragraphs are a true copy of the reasons
for judgment of the Honourable Justice Young
delivered on 15 March 2012.

Associate: ……………………………………………………………

Date:  …………………………………………………………………

Key Legal Topics

Areas of Law

  • Family Law

  • Equity & Trusts

  • Commercial Law

Legal Concepts

  • Constructive Trust

  • Costs

  • Damages

  • Injunction

  • Jurisdiction

  • Remedies

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