Holford & Lorton

[2021] FedCFamC1F 267

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Holford & Lorton [2021] FedCFamC1F 267

File number(s):

DNC 231 of 2020

Judgment of:

BERMAN J

Date of judgment:

9 December 2021

Catchwords:

FAMILY LAW – LEGAL PRACTITIONERS – Conflict of interest – Application to restrain solicitor from continuing to act – Where final consent orders were previously made in relation to property settlement – Where the applicant is seeking that the orders be set aside on the basis of a miscarriage of justice – Where the respondent’s solicitor was representing the respondent at the time the consent orders were made – Where the respondent’s solicitor had previously acted for the parties in civil matters – Where there has been a delay in the applicant’s objection – Where the applicant considers the respondent’s solicitor had access to confidential information which may be misused – Where the applicant has not identified the confidential information – Where the applicant fails to establish the respondent will have an unfair advantage – Application dismissed.

FAMILY LAW – PROPERTY – Value of property – Expert evidence – Where the applicant seeks that the parties jointly instruct property valuers to provide retrospective valuations of real property and accountants to provide a retrospective valuation of a business – Where the applicant considers valuations relied upon when he entered into final consent orders were inaccurate – Where the respondent would not be relying upon retrospective valuations in her opposition to the applicant’s orders sought – Where the respondent should not be compelled to assist the applicant’s case – Application dismissed.      

Legislation:

Family Law Act 1975 (Cth) ss 79A, 90SN(1)(a)

Cases cited:

Mancini & Mancini [1999] NSWSC 800

McMillan & McMillan (2000) FLC 93-048

Thevenaz & Thevanaz (1986) FLC 91-748

Division:

Division 1 First Instance

Number of paragraphs:

72

Date of hearing:

30 November 2021

Place:

Adelaide

Counsel for the Applicant:

Mr Baume

Solicitor for the Applicant:

Murati Lawyers

Counsel for the Respondent:

Ms Farmer

Solicitor for the Respondent:

Withnalls Lawyers

ORDERS

DNC 231 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR HOLFORD

Applicant

AND:

MS LORTON

Respondent

ORDER MADE BY:	BERMAN J
DATE OF ORDER:	9 DECEMBER 2021

THE COURT ORDERS THAT:

1.The Application in a Proceeding filed 18 October 2021 be dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonyms