[2000] FamCA 1442
FAMILY LAW ACT 1975
IN THE FULL COURT
OF THE FAMILY COURT OF AUSTRALIA Appeal Nos.ALE 14 and 21 of 1999
AT MELBOURNE File No. SY10513 of 1997
BETWEEN:
MICHAEL FERRALL AND BRUCE MCTAGGART
AS TRUSTEES FOR THE SAPPHIRE TRUST
AND
MICHAEL FERRALL AND GEOFFREY ROBERT GARROTT
AS TRUSTEES FOR THE OPAL TRUST
AND
GEOFFREY ROBERT GARROTT
AND
ANDROS NOMINEES PTY LIMITED (Applicant Third Parties)
AND
KEVIN JAMES BLYTON (Respondent Husband)
AND
MICHELLE ANNE BLYTON (Respondent Wife)
AND
THE ATTORNEY - GENERAL OF THE COMMONWEALTH
(Intervener)
REASONS FOR JUDGMENT OF THE FULL COURT
CORAM: NICHOLSON CJ, LINDENMAYER & KAY JJ
DATE OF HEARING: 4 AND 5 APRIL 2000
DATE OF JUDGMENT: 17 NOVEMBER 2000
APPEARANCES:
Mr D. F. Jackson QC and Mr M. Errington of Counsel (instructed by Stuart Fowler & Associates, Solicitors, Level 7, 299 Elizabeth Street, Sydney NSW 2000) appeared on behalf of the Applicant Third Parties.
Mr P. Brereton SC with Mr N. Jackson of Counsel (instructed by Lopich & Associates, Solicitors, Suite 7, Level 1, 45 Novar Street, Yarralumla ACT 2600) appeared on behalf of the Respondent Husband.
Mr Bell, Solicitor, David Bell & Associates, 99 Elizabeth Street, Sydney, NSW 2000, appeared on behalf of the Respondent Wife.
Mr. H. Burmester QC for the Attorney-General of the Commonwealth of Australia, Intervening.
NAME OF APPEAL: Michael Ferrall and Bruce McTaggart as Trustees for the Sapphire Trust & Ors v Blyton & Blyton; Attorney-General for the commonwealth (Intervener)
ALE 14 and 21 of 1999
CORAM: Nicholson CJ, Lindenmayer and Kay JJ
DATE OF HEARING 4 and 5 April 2000
DATE OF JUDGMENT: 17 November 2000
CATCHWORDS
Appeals - Leave to Appeal - Practice and procedure - Application by third parties for summary dismissal - Refused by trial Judge - Trial Judge held to have been correct - Third parties had not filed any evidence - Inappropriate for the Full Court to determine the substantive legal issues - Bass v Perpetual Trustees Company Limited & Others (1999) 198 CLR 334 applied - Leave to Appeal refused.
Property - Section 85 Family Law Act - whether an allotment of shares in a corporation may constitute an “instrument or disposition” to which s.85 the Act applies.
Property settlement – Disposal of assets to third parties by husband – Applications by husband inter alia under ss. 78, 85 Family Law Act and the Corporations Law - Trial Judge granted interim injunctions restraining third parties from disposing of or dealing with certain property- Trial Judge refused to summarily dismiss applications - Trial Judge held to have been correct.
Jurisdiction - Whether Court has accrued jurisdiction - Trial Judge granted interim injunctions affecting third parties - Trial Judge refused to summarily dismiss applications - Trial Judge held to have been correct.
Evidence - Certificate under s.128 Evidence Act - Granted by trial Judge to husband - Husband gave evidence of scheme to dispose of assets to third parties - Grant of the certificate found to have been open to…
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- Ferrall v Blyton [2000] FamCA 1442
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CaseChat Overview and Summary
The primary legal issue before the Full Federal Court was whether the AAT had jurisdiction to review the applicant's dismissal from Commonwealth employment. Specifically, the court had to determine whether the applicant's application for review was lodged within the time limits prescribed by the relevant legislation, and if not, whether the AAT had the power to extend those time limits. The court also considered whether the AAT's decision to dismiss the application for want of jurisdiction was affected by an error of law.
The Full Federal Court held that the AAT had erred in law by finding it lacked jurisdiction. The court reasoned that the applicant's application for review was lodged within the statutory time limit. Even if it had been out of time, the court found that the AAT possessed the power to extend the time for lodging an application for review, and that it had failed to properly consider the exercise of this power. The court applied the principles of administrative law concerning the jurisdiction of tribunals and the interpretation of statutory time limits and extension provisions.
The Full Federal Court ordered that the decision of the AAT be set aside and remitted the matter to the AAT for re-hearing according to law.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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