Hegarty and Hegarty

[2017] FamCA 1074

FAMILY COURT OF AUSTRALIA

HEGARTY & HEGARTY [2017] FamCA 1074

FAMILY LAW – LITIGATION FUNDING – Interim property distribution under s 79 – Where husband has not established the amount required for funding – Order made for husband to receive partial litigation funding. 

FAMILY LAW – PRACTICE & PROCEDURE – Disclosure – Notice to produce – Where husband seeks further discovery from wife – Where order made dismissing the husband’s order sought for further discovery – Consideration of notice to produce under the Rules – Where no specific order made in respect of the notice to produce

Family Law Act 1975 (Cth) s 117
Family Law Rules 2004 (Cth) r 15.76
Federal Court Rules 2011 (Cth) r 20.31

In the Marriage of Zschokke (1996) 20 Fam LR
Klearchos & Klearchos & Ors [2015] FamCAFC 217
Medlow & Medlow (2016) FLC 93-692
Morgan v Badcock & Willcox Limited (1929) 43 CLR 163
Strahan & Strahan (interim property orders) (2011) FLC 93-466

APPLICANT: Mr Hegarty

RESPONDENT: Ms Hegarty

FILE NUMBER: ADC 3260 of 2014

DATE DELIVERED: 21 December 2017

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 19 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Heinrich

SOLICITOR FOR THE APPLICANT: Boylan Lawyers

COUNSEL FOR THE RESPONDENT: Mr McGinn

SOLICITOR FOR THE RESPONDENT: Barnes Brinsley Shaw Lawyers

Orders

1. That the husband be at liberty to withdraw from his B Superannuation Fund (account number POO124863S) the sum of SIXTY THOUSAND DOLLARS ($60,000) for the purpose of meeting his legal fees.

2. That paragraph 3 of the Application in a Case dated 15 December 2017 be dismissed.

3. That there be no order in relation to the Notice to Produce.

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 Hegarty & Hegarty 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 3260  of 2014

Mr Hegarty

Applicant

And

Ms Hegarty

Respondent

REASONS FOR JUDGMENT

INTRODUCTION 

1. By Amended Initiating Application filed 19 April 2017 Ms Hegarty (“the wife”) seeks orders that in full and final settlement of matrimonial property the assets of the parties be adjusted between them as may be just and equitable.

2. The wife also seeks that the husband pay by way of spousal maintenance the sum of $500 per week.

3. Mr Hegarty (“the husband”) filed a Response on 15 December 2014 seeking detailed orders for settlement of property.

4. The parties have not been able to resolve their difference and by trial direction orders made 26 April 2017 all applications for final orders…