Hermann and Hermann (No 2)

[2014] FamCA 587

FAMILY COURT OF AUSTRALIA

HERMANN & HERMANN (NO 2) [2014] FamCA 587

FAMILY LAW – PRACTICE & PROCEDURE – Where the husband seeks leave to provide material from the family law proceedings for use in Supreme Court proceedings – consideration of the implied undertaking – consideration of whether “special circumstances” exist – where commonality of the proceedings is a significant factor – order made releasing the husband from the implied undertaking in relation to a list of documents.

Family Law Act 1975 (Cth)

British American Tobacco Australia Services Ltd v Cowell (as representing the estate of Rolah Ann McCabe, deceased) [2003] VSCA 43
Commissioner of Taxation & Darling and Anor [2014] FamCAFC 59
Hearne v Street (2008) 235 CLR 125
Laen Pty Ltd v At the Heads Pty Ltd & Ors [2011] VSC 315

Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC
Re Springfield Nominees Pty Ltd [1992] FCA 472

APPLICANT: Mr Hermann

RESPONDENT: Ms Hermann

FILE NUMBER: MLC 4873 of 2012

DATE DELIVERED: 30 July 2014

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Macmillan J

HEARING DATES: 1 & 15 July 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Bartfeld QC with
Ms Vohra

SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes

COUNSEL FOR THE RESPONDENT: Mr Dickson QC with
Mr Holmes

SOLICITOR FOR THE RESPONDENT: Lander & Rogers

ORDERS

IT IS ORDERED THAT

1. The husband be at liberty to use those documents and information, or parts thereof, contained in the list of documents being Annexure “A” to these orders for the purpose of the proceedings instituted by the husband in the Supreme Court of Victoria at Melbourne (or such other Court if venue is transferred) in suit numbers … and ...

2. All questions of costs be reserved for determination.

3. By 4.00 pm on 20 August 2014 the husband and the wife file and serve any written submissions in support of any application for costs arising out of or incidental to the husband’s application in a case filed 3 June 2014.

4. By 4.00 pm on 3 September 2014 the husband and wife file and serve any written submissions in reply to any application for costs.

5. The husband’s application in a case filed 3 June 2014 and the wife’s response to an application in a case filed 1 July 2014 be otherwise dismissed save and except for any applications for costs.

IT IS CERTIFIED THAT

Pursuant to Rule 19.50 of the Family Law Rules 2004 this matter reasonably required the attendance of counsel including senior counsel.

“A”

Document	Date	Sections to be provided
Order	26 June 2012	Paragraphs 9 to 11
Order	19 October 2012	Complete document
Order	12 April 2013	Complete document
Order	20 December 2013	Complete document
Order	4 February 2014	Complete document
Order	12 February 2014	Complete document
Initiating application filed by the husband	31 May 2012	Front page
Response to initiating application filed by the wife	15 June 2012	Final orders sought – paragraphs 4 to 8 Interim orders sought – paragraphs 7 to 12