FAMILY COURT OF AUSTRALIA
| GALANTE & GALANTE AND ORS | [2019] FamCA 756 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Joinder – Disjoinder application – Where the wife seeks to join third parties (the husband’s partner, the husband’s father and the husband’s brother) to the application in respect of property settlement – Where the third parties oppose joinder and seek disjoinder – Where no orders are sought against the third parties – Where the wife concedes that the purpose of joinder is to pursue the production of documents that she contends have been sought from the husband, are in his control and that he has refused to provide – Orders. |
| Family Law Rules 2004 (Cth) rr 1.09, 6.01(1), 6.04 |
| B Pty Ltd and Ors v K and Anor (2008) FLC 93-380 Dowling v The Colonial Mutual Life Society (1915) 20 CLR 509 Friar & Friar [2011] FamCAFC 71 Goldsmith v Sperrings Ltd and Ors [1977] 1 WLR 478 Hankinson & De Vries & Ors [2013] FamCA 455 Lindon v The Commonwealth (No. 2) [1996] HCA 14 MacDougal & Benson and Ors [2015] FamCA 552 |
| APPLICANT: | Ms Galante |
| 1st RESPONDENT: | Mr Galante |
| 2nd RESPONDENT: | Ms Dains |
| 3RD RESPONDENT: | Mr B Galante |
| 4TH RESPONDENT: | Mr C Galante |
| FILE NUMBER: | ADC | 3454 | of | 2017 |
| DATE DELIVERED: | 18 October 2019 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Berman J |
| HEARING DATE: | 4 October 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Morosini |
| SOLICITOR FOR THE APPLICANT: | Di Morosini & Co |
| COUNSEL FOR THE 1ST RESPONDENT: | Mr Livesey QC with Mr Jordan |
| SOLICITOR FOR THE 1ST RESPONDENT: | Jordan & Fowler Family Lawyers |
| COUNSEL FOR THE 2ND RESPONDENT: | Mr Matta by telephone |
| SOLICITOR FOR THE 2ND RESPONDENT: | Gadens Lawyers |
| COUNSEL FOR THE 3RD RESPONDENT: | Mr Hoffman QC |
| SOLICITOR FOR THE 3RD RESPONDENT: | Charlton Rowley |
| COUNSEL FOR THE 4TH RESPONDENT: | Mr Hoffman QC |
| SOLICITOR FOR THE 4TH RESPONDENT: | Charlton Rowley |
Orders
That the second, third and fourth respondents be disjoined.
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 Galante & Galante 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 ADELAIDE |
FILE NUMBER: ADC 3454 of 2017
| Ms Galante |
Applicant
And
| Mr Galante |
Respondent
And
Ms Dains
Second Respondent
And
Mr B Galante
Third Respondent
And
Mr C Galante
Fourth Respondent
REASONS FOR JUDGMENT
Introduction
By Amended Initiating Application filed 30 August 2019 Ms Galante (“the wife”) seeks orders for property settlement against Mr Galante (“the husband”). Prior to the amendment to the wife’s initiating application, she sought a general order in…
Keep reading for free
Create a free CaseChat account to read Galante & Galante and Ors and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] FamCA 756
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was whether the second, third, and fourth respondents should remain parties to the proceedings. This involved an assessment of the relevance and necessity of their continued involvement in the litigation.
Berman J ordered that the second, third, and fourth respondents be disjoined from the proceedings. The precise form of this order was subject to the formal entry of the order in the Court's records.
Orders
Orders of the court
1.
That the second, third and fourth respondents be disjoined.
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
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.