Harty and Harty and Ors

Case

[2017] FamCA 1167

20 November 2017


Details
AGLC Case Decision Date
Harty and Harty and Ors [2017] FamCA 1167 [2017] FamCA 1167 20 November 2017

CaseChat Overview and Summary

In *Harty and Harty and Ors*, Gill J of the Family Court of Australia considered an application concerning property settlement and the disclosure of financial documents. The proceedings involved the wife seeking to adduce evidence regarding the valuation of two companies, E Pty Ltd and F Pty Ltd, and the husband and third respondent being ordered to provide extensive financial documentation.

The primary legal issues before the court were whether to grant the wife leave to adduce expert evidence on company valuations and what disclosure obligations the husband and related entities had concerning their financial affairs. The court also had to determine the terms of a part property settlement and the conditions under which certain documents could be used.

Gill J granted the wife leave to adduce evidence from Mr G concerning the value of E Pty Ltd and F Pty Ltd, pursuant to Rule 15.49 of the *Family Law Rules 2004* (Cth). The court ordered the husband and/or the Third Respondent to pay the wife $105,000 as a part property settlement, payable in instalments. Furthermore, the husband and/or the Second to Fourth Respondents were directed to provide a comprehensive list of financial documents, including business activity statements, profit and loss statements, balance sheets, tax office reports, bank and credit card statements, vehicle appraisals, sales histories, customer lists, inventory details, expense documentation, payroll reports, and client files for both E Pty Ltd and F Pty Ltd. The court also discharged a previous consent order regarding document production, subject to the wife providing an undertaking that the disclosed documents would only be used for the purposes of these proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

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