Hejiz and Hejiz (No 2)

[2017] FamCA 616

FAMILY COURT OF AUSTRALIA

HEJIZ & HEJIZ (NO 2) [2017] FamCA 616

FAMILY LAW – PRACTICE AND PROCEDURE – COSTS – Interim application to property injunctions and disclosure – Where significant conflict as to factual background to application – Where appropriate that question of costs be reserved to final hearing.

Family Law Act 1975 (Cth)

Hejiz & Hejiz [2017] FamCA 444

APPLICANT: Ms Hejiz

RESPONDENT: Mr Hejiz

FILE NUMBER: PAC 2891 of 2014

DATE DELIVERED: 17 August 2017

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: By way of written submissions last received on 8 August 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Druitt

SOLICITOR FOR THE APPLICANT: Thornton Storgato Law Pty Ltd

COUNSEL FOR THE RESPONDENT: Mr Gardiner

SOLICITOR FOR THE RESPONDENT: Coleman Greig Lawyers

Orders

1. That the determination as to costs of and incidental to the interim application determined by orders made 27 June 2017 be reserved to final hearing or otherwise agreement between the parties.

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 Hejiz & Hejiz (No 2) 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 2891 of 2014

Ms Hejiz

Applicant

And

Mr Hejiz

Respondent

REASONS FOR JUDGMENT

1. On 23 June 2017 interlocutory property proceedings between the husband and wife were referred. Subsequently on 27 June 2017 reasons for judgment were delivered and orders made: Hejiz & Hejiz [2017] FamCA 444.

2. In the context of those interlocutory orders an order was made that any application for costs be made by way of written submissions in support within 28 days from the date of judgment with any submissions in response to be filed and served within a further 14 days with judgment then reserved to Chambers.

3. In the context of the interim hearing, there were significant factual disputes between the husband and wife particularly as to the nature and extent of the husband’s disclosure to the wife as to his dealings with his various business interests and the conduct of those businesses.

4. It has otherwise become apparent upon receipt of written submissions as to costs of the application that there are significant issues between the parties as to the circumstances giving rise to the application. Those circumstances will in all likelihood be the subject of contested evidence at final hearing.

5. In such circumstances, it is appropriate that a determination of costs relating to the interim application be reserved until final hearing where the parties can adduce evidence on the issue and such evidence can be tested.

6. An order will be made accordingly.

I certify that the preceding six (6) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 17 August 2017.

Associate: 

Date:  17 August 2017