Gandega and Fulmali & Anor

FAMILY COURT OF AUSTRALIA

GANDEGA & FULMALI AND ANOR [2018] FamCA 491

FAMILY LAW – PROPERTY – INTERIM PROPERTY AND/OR COSTS SOUGHT– where order sought against third party to marriage – where entitlements as between third party and husband yet to be determined – where outstanding s106B application as to disposition of husbands shares to third party – where not appropriate to make any interim order – where application dismissed.

FAMILY LAW – PRACTICE AND PROCEDURE – where application for order as to “taking accounts” in respect of various financial transactions and records– where application inappropriate where court has appointed a Single Expert forensic accountant – where application dismissed.

FAMILY LAW - PRACTICE AND PROCEDURE –Legal professional privilege – where claim of legal professional privilege – where communication transactional and not for the dominant purpose of legal advice – where otherwise dissemination of communications to others inconsistent with claim for privilege – where claim as to privilege dismissed.

Evidence Act 1995 (Cth) s 118
Family Law Act 1975 (Cth) ss 79, 106B
Uniform Civil Procedure Rules 2005 (NSW) r 46.3

Bilal & Omar [2015] FamCAFC 30
Strahan & Strahan [2009] FamCAFC 166

APPLICANT: Ms Gandega

RESPONDENT: Mr Fulmali

INTERVENOR: Mr Akbar

FILE NUMBER: PAC 4811 of 2016

DATE DELIVERED: 29 June 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 27 November 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Druitt

SOLICITOR FOR THE APPLICANT: Marsdens Law Group

COUNSEL FOR THE FIRST RESPONDENT: Mr Hanrahan

SOLICITOR FOR THE RESPONDENT: Bond Lawyers

COUNSEL FOR THE SECOND RESPONDENT: Mr Maurice

SOLICITOR FOR THE SECOND RESPONDENT: Kazi Portolesi Lawyers

Orders

(1)That all interim applications be dismissed.

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 Gandega & Fulmali 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 4811 of 2016

Ms Gandega

Applicant

And

Mr Fulmali

Respondent

Mr Akbar
Intervenor

REASONS FOR JUDGMENT  

1. In the context of ongoing property proceedings the applicant wife Ms Gandega filed an Application in a Case on 4 August 2017.

2. Relevantly orders were made by consent (including the second respondent) on 14 December 2016 as follows:

   (1)That the Second Respondent do all acts and things necessary to cause to be delivered to the Applicant by 28 February 2017:

   (a)       All bank statements held by the Second Respondent for any and all bank accounts held jointly between the Second Respondent and the Respondent Husband for the last 12 months in his personal capacity; and

   (b)       All bank…