FAMILY COURT OF AUSTRALIA
| DIEM & VHO AND ORS | [2016] FamCA 680 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Joinder – where application for disjoinder by Fourth Respondent – where discussion of general principles – where application for disjoinder dismissed. |
| Family Law Rules 2004 (Cth) r 6.04 |
| B Pty Ltd & Ors & K & Anor [2008] FamCAFC 113 Friar & Friar [2011] FamCAFC 71 Lindon v The Commonwealth (No.2) (1996) 70 ALJR 541 |
| APPLICANT: | Mr Diem |
| 1st RESPONDENT: | Ms Vho |
| 2nd RESPONDENT: | Mr Bo |
| 3rd RESPONDENT: | Ms Diem |
| 4th RESPONDENT: | Mr Vho |
| FILE NUMBER: | PAC | 4433 | of | 2012 |
| DATE DELIVERED: | 19 August 2016 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 15 August 2016 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Friedlander |
| SOLICITOR FOR THE APPLICANT: | Selective Lawyers |
| SOLICITOR FOR THE 1ST RESPONDENT: | Bateman Battersby Lawyers |
| SOLICITOR FOR THE 2ND RESPONDENT: | Marcus Alyssandra Lawyers |
| SOLICITOR FOR THE 3RD RESPONDENT: | Marcus Alyssandra Lawyers |
| COUNSEL FOR THE 4TH RESPONDENT: | Mr Dura |
SOLICITOR FOR THE 4TH RESPONDENT: | Than & Co |
| SOLICITOR FOR THE 3RD RESPONDENT: | Than & Co |
Orders
That the application by the Fourth Respondent for disjoinder is dismissed.
That the question of costs of and incidental to the application be reserved.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Diem & Vho has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: PAC 4433 of 2012
| Mr Diem |
Applicant
And
| Ms Vho and Mr Bo and Ms Diem and Mr Vho |
Respondents
REASONS FOR JUDGMENT
The primary proceedings before the Court relate to property settlement proceedings as between the applicant husband and the respondent wife.
The second and third respondents are the husband’s sister and his brother in law. They sought and were granted leave to intervene and seek orders as to their asserted equitable interest in the real estate property situated at B Street, Suburb C or in the alternative orders seeking the repayment of $394,170 being funds relating to asserted loans advanced to them to the husband and wife.
The fourth respondent is the father of the respondent wife.
Proceedings were commenced in the Federal Circuit Court of Australia in March 2014 and on 24 October 2014 proceedings were transferred to this Court.
Subsequently on 17 May 2016 it was ordered by consent that the wife’s father Mr Vho be joined as fourth respondent in the proceedings. Such order was made as a consequence of the husband’s application in a case filed on 1 February 2016 that…
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- Diem & Vho and Ors [2016] FamCA 680
- Case
- [2016] FamCA 680
- Decision Date
CaseChat Overview and Summary
The sole legal issue requiring determination by the court was whether the Fourth Respondent's application for disjoinder should be granted.
Foster J dismissed the Fourth Respondent's application for disjoinder. The court reserved the question of costs associated with this application.
Orders
Orders of the court
1.
That the application by the Fourth Respondent for disjoinder is dismissed.
2.
That the question of costs of and incidental to the application be reserved.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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