DABIRI & KHADEM

[2020] FCCA 2643

FEDERAL CIRCUIT COURT OF AUSTRALIA

DABIRI & KHADEM [2020] FCCA 2643

Catchwords:
FAMILY LAW – Property – Application in a case – Where the Respondents to a Notice to dispute facts failed to reply – whether there was a lack of “advertising” by the Applicant – whether the Respondent should be able to file a Response to the Notice to Dispute facts after the due date.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.1.03(1), 1.06, 15.31

Uniform Civil Procedure Rules 1999 (Qld), rr.188, 189

Cases cited:

Medina v Electro Industry Group Queensland Limited [2019] QSC 63

Hanson Construction Materials P/L v Norlis & Ors[2010] QSC 34
Ridolfi v Rigato Farms Pty Ltd[2001] 2 Qd R 455
Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738
Hanson Construction Materials Pty Ltd v Davey & Anor (2010) 79 ACSR 668
Pinehurst Nominees Pty Ltd v Coeur De Lion Investments Pty Ltd[2012] QSC 314
Rigato Farms Pty Ltd v Ridolfi [2001] 2 Qd R 455

Applicant: MS DABIRI

Respondent: MR KHADEM

File Number: BRC 5590 of 2018

Judgment of: Judge Middleton

Hearing date: 9 September 2020

Date of Last Submission: 9 September 2020

Delivered at: Brisbane

Delivered on: 9 September 2020

REPREFSENTATION

Counsel for the Applicant: Mr Alexander

Solicitors for the Applicant: Smart Legal Group

Counsel for the Respondent: Mr Galloway

Solicitors for the Respondent: AMG Law Firm

ORDERS

1. That the application in a case filed on 8 September 2020 be dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Dabiri & Khadem is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT BRISBANE

BRC 5590 of 2018

MS DABIRI

Applicant

And

MR KHADEM

Respondent

REASONS FOR JUDGMENT

Ex Tempore:

1. These reasons for judgment were delivered orally. They have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

Background

1. This is an application in a case filed on 8 September 2020 by the respondent to the substantive proceedings (the respondent). The application seeks an order in these terms:

   (1) Pursuant to Rule 1.06 of the Federal Circuit Court Rules:

   (a)    The respondent be excused from the requirement to notify of his dispute concerning facts within the time limit in Rule 15.31 or that time be enlarged to permit him to serve a Notice Disputing the Asserted Fact. 

   (b)    Further or in the alternative, the respondent shall be granted leave under Rule 15.31 to withdraw the deemed admission made by the operation of subrule (2).

2. The applicant to the substantive proceedings (the applicant) seeks an order that the application in a case be dismissed.

3. The substantive proceedings were commenced by the applicant on 24 May 2018. The applicant in her affidavit filed 14 August 2018, at paragraph 58 made an allegation that the respondent owned real property in Iran and had in his possession and control Persian rugs, carpet frames, jewellery…