Hewitt and Hewitt

[2019] FCCA 516

FEDERAL CIRCUIT COURT OF AUSTRALIA

HEWITT & HEWITT [2019] FCCA 516

Catchwords:
FAMILY LAW – Property proceedings – proceedings transferred to the Family Court of Australia – order made.

Legislation:

Federal Circuit Court of Australia Act 1999, s.39

Federal Circuit Court Rules 2001, r.8.02

Cases cited:

Morris & Rosetti [2017] FamCA 249

Applicant: MR HEWITT

Respondent: MS HEWITT

File Number: PAC 3330 of 2017

Judgment of: Judge Newbrun

Hearing date: 4 March 2019

Date of Last Submission: 4 March 2019

Delivered at: Parramatta

Delivered on: 4 March 2019

REPRESENTATION

Counsel for the Applicant: Mr Knox

Solicitors for the Applicant: Brazel Moore Lawyers

Solicitors for the Respondent: Ms Moy of Jo-Anna F S Moy Solicitor

ORDERS

1. These proceedings are forthwith transferred to the Family Court of Australia in Sydney, with the matter to be mentioned on 6 March 2019 at 10:00 am.

NOTATION

The Court will shortly provide written reasons for its decision to transfer these proceedings to the Family Court of Australia in Sydney.

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

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 3330 of 2017

MR HEWITT

Applicant

And

MS HEWITT

Respondent

REASONS FOR JUDGMENT

Introduction

1. The within Reasons for Judgment relate to this Court’s Order of today that these property proceedings be transferred to the Family Court of Australia at Sydney.

2. The husband is aged 53 years, and the wife is almost 59 years.  Their relationship spanned some four and a half years, and they have two adult children, aged 23 and 21.

3. The husband works as a health professional and earns a significant income.  The wife works as a public servant.

4. During the relationship the parties lived in both England and in America, and later Australia. The parties’ relationship spanned the period from about 1989 to about December 2015.  Both parties are presently living in Sydney’s Suburbs.

Issues in dispute

1. The issues in dispute include the following:

   i)The nature and extent of the husband’s financial resources, including any interest in overseas entities.

   ii)Whether the husband has made adequate financial disclosure.   The wife asserts, inter alia:

   ·That the husband has overseas bank accounts, including in America, in relation to which financial disclosure has not been provided.  She asserts that the husband, during the relationship, transferred large amounts of cash through Western Union via post office accounts, in relation to which financial disclosure has not been provided. 

   ·That the extent of real estate owned by the husband in England is not known and in relation to which financial disclosure is not been provided. 

   ·That the husband worked for a US employer in City where he previously worked in 1989.  She asserts that the husband works with the Employer and travels frequently to the US.  She asserts that no disclosure of the husband’s US income has been disclosed. 

   ·She asserts that other overseas bank accounts of the husband were closed, in particular…