Felice & Felice

[2011] FamCA 162

FAMILY COURT OF AUSTRALIA

FELICE & FELICE [2011] FamCA 162

FAMILY LAW - PROPERTY – interim property orders – referring the papers for investigation in relation to potential of revenue fraud and other matters – whether the conclusion of proceedings should await the referral of the papers

Family Law Act 1975 (Cth)

Strahan and Strahan [2009] FamCAFC 166

APPLICANT: Ms Felice

RESPONDENT: Mr Felice

FILE NUMBER: SYC 3491 of 2008

DATE DELIVERED: 28 February 2011

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan J

HEARING DATE: 28 February 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr S. Thomas

SOLICITOR FOR THE APPLICANT: Lapaine Pomare & Forster

COUNSEL FOR THE RESPONDENT: Mr T. Hodgson

SOLICITOR FOR THE RESPONDENT: Julie Singleton Solicitors

Orders

1. That the substantive proceedings be adjourned to a date to be fixed by arrangement between the legal representatives and Justice Loughnan’s associate. 

IT IS NOTED

1. It is the intention of the Court that the adjournment facilitate any reasonably foreseeable investigation and the outcome of any such investigation arising from the referral of the papers foreshadowed on 26 November 2010.

IT IS FURTHER ORDERED

1. That the husband cause to be paid to the wife from the proceeds of sale of the property at L in the state of New South Wales, the sum of $40,000.00 within seven days of receipt of the proceeds of sale.

1. That the husband cause the solicitor for the wife to be advised of the progress of the sale of that property AND leave is granted to the parties to restore the matter to the list on giving seven days’ notice to each other and to the court in relation to that order.

1. That the costs of the parties be reserved.

It is noted that publication of this judgment under the pseudonym Felice & Felice is approved pursuant to s 121 (9) (g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3491 of 2008

Ms Felice

Applicant

And

Mr Felice

Respondent

REASONS FOR JUDGMENT

1. These were proceedings for property settlement that were listed for hearing over three days commencing 24 November last year.  At the end of that time it was discovered that there was in issue in relation to valuation that the parties thought had been resolved. Therefore the hearing needed to be adjourned. At that point I informed the parties that I would be referring the papers in relation to the potential of revenue fraud and other matters, and I wanted submissions about the timing of the referral.  I was asked to put the matter over so that the wife’s lawyers could take instructions on that issue and the matter was put over to today.

2. The orders I made, relevantly, were the proceedings were adjourned to 10.00 am 28 February 2011 in relation to the question of the timing of a referral of the papers for investigation in relation to potential revenue fraud in respect of non payment of compulsory superannuation payments, the income tax relating…