Domeny and Domeny

[2011] FMCAfam 306

FEDERAL MAGISTRATES COURT OF AUSTRALIA

DOMENY & DOMENY [2011] FMCAfam 306

FAMILY LAW – Contravention of property orders – repeated directions for disclosure of financial documents – plea of guilty by respondent – finding of no reasonable excuse – consideration of various penalties available and of which may be appropriate in the circumstances – reference to factors to be considered – consideration of whether any penalty other than costs may be required – determination of a fine – consideration of costs argument and whether appropriate to order indemnity costs.

Family Law Act 1975, ss.112AD, 112AD(2) )(a), (b), (c), (d), 112AE(1) - (8), 112AF, 112AG, 117(2A)(d)
Commonwealth Crimes Act 1914, s.4AA

Cummings & Cummings (1976) FLC 90-100
Ibbotson & Wincen (1994) FLC 92-496
McClintock & Levier (2009) FLC 93-401
Colgate-Palmolive Pty Limited & Cussons Pty Limited (1993) FCR 46-225

Applicant: MS DOMENY

Respondent: MR DOMENY

File Number: TVC 654 of 2007

Judgment of: Coker FM

Hearing date: 22 March 2011

Date of Last Submission: 22 March 2011

Delivered at: Townsville

Delivered on: 8 April 2011

REPRESENTATION

Counsel for the Applicant: Mr Middleton

Solicitors for the Applicant: Bill Petschler Lawyers

Counsel for the Respondent: Mr Kalimnios

Solicitors for the Respondent: O'Reilly Lillicrap

ORDERS

1. That pursuant to the provisions of Section 112AD(2)(c), the Respondent pay a fine of $5,500 (50 penalty units) within 28 days of the date of this Order.

2. That the Respondent pay the Applicant’s costs on an indemnity basis as agreed and, failing agreement, to be taxed.

3. Certify for Counsel.

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

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT TOWNSVILLE

TVC 654 of 2007

MS DOMENY

Applicant

And

MR DOMENY

Respondent

REASONS FOR JUDGMENT

1. This judgement relates to the final phase to be dealt with in relation to proceedings which were commenced on 29 March 2010 when

   
   

   Ms Domeny, whom I shall refer to as the applicant, filed an Application for Contravention relating to what she says were breaches of orders of 16 February 2010.  Those orders were in these terms:

   1.  The Respondent file and serve a financial statement setting out his assets and liabilities verified on affidavit within 28 days of today.

   2.  The Respondent deliver up to the Applicant’s solicitors within 14 days of today the following documents:

   (a)A list of companies, trusts and other entities in which the Respondent has an interest;

   (b)Income tax returns for the Respondent and all of his entities for the year ended 30 June 2009 and the four years prior to that;

   (c)Valuations (if any) of all properties owned by the Respondent or any entity or trust in which the Respondent has an interest;

   (d)Bank statements for the last five years for the Respondent and or any entity or trust in which the Respondent has an interest;

   (e)Details of any superannuation entitlement held or paid by or to the Respondent;