Derry and Lopez

[2009] FamCA 424

FAMILY COURT OF AUSTRALIA

DERRY & LOPEZ [2009] FamCA 424

FAMILY LAW – PROPERTY – Interim hearing

APPLICANT: Mr Derry

RESPONDENT: Ms Lopez

FILE NUMBER: ADC 5638 of 2007

DATE DELIVERED: 2 March 2009

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 2 March 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr R Richards

SOLICITOR FOR THE APPLICANT: Scales and Partners

COUNSEL FOR THE RESPONDENT: Mr B McQuade

SOLICITOR FOR THE RESPONDENT: David M Davidson

Orders

1. In relation to Items 17, 18 and 19 on the Balance Sheet a single expert witness be appointed by the parties to value the property identified in those items with the valuation report to be filed by 30 March 2009.

2. In relation to Item 20 on the Balance Sheet, by 30 March 2009 the husband forward to the wife all the documents in his possession or control in relation to all shares purchased and sold since the date of separation.

3. In relation to Items 35, 36, 37, 53, 54, 55 and 57 on the Balance Sheet the husband forthwith forward a request in writing to the wife seeking discovery and production of all documents in the possession or control of the wife in relation to those items with the wife to comply with such request by 30 March 2009.

4. In relation to Items 56 and 61 on the Balance Sheet, by 30 March 2009 the husband produce to the wife all documents in his possession or control in relation to the assets or liabilities identified in those items.

5. That the wife obtain reports in relation to her health from her General Practitioner, a Neurologist and a Psychologist, and provide copies of those reports to the husband by 30 March 2009.

6. That by 30 March 2009 each party exchange a detailed minute of order with the other party setting out the orders they now seek, and each party is to lodge a copy of those minutes of order with my Associate.

7. That the wife have leave to issue subpoenas to the Proper Officers of M Pty Ltd, N Pty Ltd, E Pty Ltd and T Pty Ltd seeking production of documents in relation to any shareholding by the husband in those companies between 1998 and the present such subpoena to be returnable before Registrar Dore at 9:30am on 26 March 2009.

8. That the wife have leave to issue subpoenas to the Proper Officers of Pattersons Ord Minnet, Amro Morgan Pty Ltd and Elders Risk Management seeking production of documents in relation to the share or option trading by the husband between 1998 and the present such subpoena to be returnable before Registrar Dore at 9:30am on 26 March 2009.

9. That further consideration of this matter be adjourned part heard to 9:30am on 8 April 2009.

10. That the husband have leave to attend the above hearing by telephone.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 5638 of 2007

MR DERRY

Applicant

And

MS LOPEZ

Respondent

EX TEMPORE REASONS

1. This is a matter which has commenced today as the first day of trial.  It is a property settlement issue.  The parties have not consented to Division 12A applying, so today I have conducted a directions hearing‑cum‑case management hearing, to move this matter along the case management pathway.

2. The next stage of this trial would normally be a continuation hearing but, as I have just said and I will not repeat, I am concerned at the things that should have been done that have not been done prior to today, in the areas of valuations and discovery. 

3. I propose to make orders today about those matters, those matters that are outstanding in that regard, and list the matter for a further directions hearing. 

4. On the basis that everything then has been done that should have been done, I will then list the matter for a continuation hearing, and it is at that stage that I will make orders for affidavits, but that is not to say that the solicitors should simply sit back and wait for that to occur. 

5. The solicitors should be now preparing, in draft, the affidavits of their clients, so that their counsel can, on the next occasion, say to me, "Look, let us have a short time between now and the continuation hearing, because the affidavits are already done," and I will be only too happy to oblige.  Thus the clients might like to speak to their respective solicitors about getting that done earlier rather than later. 

I certify that the preceding 5 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered 2 March 2009.

Associate