Groves & Groves (No 2)

[2021] FedCFamC1F 364

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Groves & Groves (No 2) [2021] FedCFamC1F 364

File number(s):

SYC 8296 of 2016

Judgment of:

HARPER J

Date of judgment:

21 October 2021

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Where the husband files an Application in a Proceeding seeking pursuant to s 106A of the Family Law Act 1975 (Cth) enforcement of orders made for the husband and wife to sign joint letters of instruction appointing single experts – Where the wife refuses to sign the joint letters – Where orders are made for the husband and wife to sign documents to reorganise bank accounts to enable the wife to receive funds from self managed super fund to assist with litigation costs – Where the wife refuses to sign – Application granted

Legislation:

Family Law Act 1975 (Cth) s 106A

Federal Circuit and Family Court (Family Law) Rules 2021

Division:

Division 1 First Instance

Number of paragraphs:

9

Date of hearing:

21 October 2021

Place:

Sydney

Counsel for the Applicant:

Mr Kearney SC

Solicitor for the Applicant:

Barkus Doolan

Respondent:

Litigant in person

ORDERS

SYC 8296 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR GROVES Applicant
AND:	MS GROVES Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	21 OCTOBER 2021

THE COURT NOTES THAT:

A.Pursuant to Federal Circuit and Family Court (Family Law) Rules 2021, r 4.03, the Applicant Husband, before filing an Application seeking these Orders in the Application in a Proceeding filed 28 September 2021 made reasonable and genuine attempts to settle the issue to which the Application relates.

THE COURT ORDERS THAT:

1.The application of the Federal Circuit and Family Court (Family Law) Rules 2021 are dispensed with in respect of time limits referable to the Husband’s Application in a Proceeding filed 28 September 2021.

2.Pursuant to s 106A of the Family Law Act 1975 (Cth), and at the Court’s election either:

2.1  a Judge, Senior Judicial Registrar, or Judicial Registrar of the Federal Circuit and Family Court of Australia, be appointed to execute all such documents, deed and instruments in the name of the Respondent Wife, Ms Groves, to ensure compliance with Order 15 of the 10 February 2021 and Order 2 of 2 August 2021, including but not limited to signing the following documents:

2.1.1Letter of Instruction to Mr H;

2.1.2Letter of Instruction to Mr J;

2.1.3Documents to open an ANZ Share Trading Account 3

3.The Husband’s Application in a Proceeding filed 28 September 2021 stands finalised.

Consolidated Affidavit

4.By no later than close of registry filing on 1 August 2022, each of the parties is to file and serve:

4.1. one consolidated trial affidavit detailing:

4.1.1their initial contributions to the matrimonial property;

4.1.2their direct financial contributions to the matrimonial property:

4.1.2.1during the course of their relationship; and

4.1.2.2subsequent to the termination of their relationship;

4.1.3their indirect contributions to the matrimonial property:

4.1.3.1during the course of their relationship; and

4.1.3.2subsequent to the termination of their relationship;

4.1.4their homemaking and non-financial contributions during the relationship;

4.1.5their employment and income:

4.1.5.1during the course of their relationship; and

4.1.5.2subsequent to the termination of their relationship;

4.1.6their future needs having regard to the matters set out in section 75(2) of the Family Law Act 1975 (Cth); and 4.1.7any other relevant matter that they wish to rely upon;

4.2An updated Financial Statement;

4.3any third party witness affidavits that they intend to rely upon (such Affidavits to not include, save as otherwise with leave of this Court, the Affidavit of any expert witness not jointly appointed in these proceedings);

4.4a minute of order setting out by way of update only any amendment to the orders to be sought at trial.

5The proceedings are stood over to 10am, 7 February 2022 for the purpose of a further procedural hearing with an estimate of half a day.

6The proceedings are stood over for final hearing at 10am, 26 September 2022 with an estimate of nine (9) days.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Groves & Groves is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

HARPER J:

1. The matter came before me on 21 October 2021 for callover.

2. Three weeks prior to that listing the husband filed an Application in a Proceeding seeking orders for the empowerment of himself, a Judge, Senior Judicial Registrar or Judicial Registrar to execute certain documents for the purpose of bringing about compliance with order 15 made by His Honour, Deputy Chief Justice McClelland on the 10 February 2021 and an order made by me on 2 August 2021.The wife resists those orders being made.

3. Order 15 made by the Deputy Chief Justice simply provided for a mechanical process for the purpose of appointing single experts to value certain interests between 2017 and 2020. The husband has prepared anodyne and straight forward letters of instruction for that expert but at the moment the wife resists signing them as joint letters of instructions. As best as I can understand, the basis for her resistance was that she contends there should be a broader exploration of the accounts of a certain superannuation fund between 2015 and 2017, despite the fact that those years for that superannuation fund are already covered by audited accounts. It may be appropriate for the single expert to explore those years but at the moment, the question is whether the manner in which the husband seeks enforcement of order 15 made on 10 February 2021 should be imposed.

4. I am satisfied that it should be imposed, because this matter has been in the court for many years. The delays in bringing it to finality have been commented upon numerous times by the Chief Justice and the Deputy Chief Justice. It seems to me entirely appropriate in the absence of any agreement between the parties that straightforward and quite routine letters of instruction should be executed for the purpose at least of compliance with order 15 made on the 10 February 2021.

5. In relation to order 2 made on the 2 August 2021, in summary that order required the parties together to do various things to reorganise some bank accounts in respect of the G Superannuation Fund, to bring about the result that the wife could draw down the whole of her entitlement in another superannuation fund called Groves SMSF.

6. The husband also seeks orders for him or the relevant judicial officer to have the power to execute the necessary documents pursuant to s 106A of Family Law Act 1975 (Cth) in respect of that order. The wife’s resistance is very difficult to comprehend in light of the fact that Order 2 was for her benefit, to enable her to access funds for the purposes of living expenses and if she so chooses, legal costs, bearing in mind that a separate order was made on 2 August 2021 for her to receive $325,000, $300,000 of which was for the purpose specifically for payment of legal costs.

7. I am satisfied that it is appropriate to make those orders in circumstances where I have already pointed out that this matter cries out for finalisation and must be moved forward for that purpose.

8. It is also important for this matter to be given final hearing dates which I propose to order as well.

9. Accordingly, I make the orders prosed at the commencement of these reasons.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Harper delivered on 21 October 2021.

Associate:

Dated:       21 October 2021