Gandega and Fulmali & Ors

FAMILY COURT OF AUSTRALIA

GANDEGA & FULMALI AND ORS [2020] FamCA 74

FAMILY LAW – PRACTICE AND PROCEDURE – SINGLE EXPERT – Where application to expand report by Single Expert – Where such application appropriate in the circumstances where there are associated transactions – Where order made as sought.

FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTION TO RESTRAIN SOLICITORS FROM ACTING – Where application for injunction to restrain solicitors from further acting – Where discussion of applicable principles – Where applicant for injunction does not adduce evidence such as would enliven jurisdiction – Where application dismissed.

Dalton & Dalton [2017] FamCAFC 78
Mancini v Mancini [1999] NSWSC 800
Oram & Lambert and Ors (No. 2) [2018] FamCAFC 161
Osferatu & Osferatu [2015] FamCAFC 177; (2015) FLC 93-666

APPLICANT: Ms Gandega

FIRST RESPONDENT: Mr Fulmali

SECOND RESPONDENT: Mr Akbar

INTERVENOR: As Liquidator for B Pty Ltd ACN … Mr V

FILE NUMBER: PAC 4811 of 2016

DATE DELIVERED: 13 February 2020

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 18 December 2019

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Marsdens Law Group

SOLICITOR FOR THE FIRST RESPONDENT: Crumpton Lawyers

COUNSEL FOR THE SECOND RESPONDENT: Mr Reeves

SOLICITOR FOR THE SECOND RESPONDENT: KPL Lawyers

SOLICITOR FOR THE INTERVENOR: JHK Legal

Orders

1. That the application for injunction to restrain Q Lawyers from further acting for the second respondent be dismissed.

2. That the parties do all things necessary and sign all necessary documents to authorise and direct the Single Expert Mr K of U Company to extend his report to include a valuation of the husband’s interest in D Pty Ltd as at 30 June 2019 and currently.

3. Liberty to apply as to implementation of the previous order.

4. That costs of and incidental to the present application be reserved to final trial.

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

First Respondent

And

Mr Akbar

Second Respondent

And

As Liquidator for B Pty Ltd ACN … Mr V

Intervener

REASONS FOR JUDGMENT

1. The present discrete applications for determination arise from earlier interim applications between the parties that were in part determined by orders made on 3 July 2019 with reasons for judgment published that day.

2. The determination of the present discrete applications assumes familiarity with the reasons for judgment of 3 July 2019: Gandega & Fulmali & Anor [2019]…