Huang & Wen

[2022] FedCFamC1F 194

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Huang & Wen [2022] FedCFamC1F 194

File number(s):

SYC 1300 of 2018

Judgment of:

REES J

Date of judgment:

30 March 2022

Catchwords:

FAMILY LAW – THIRD PARTIES – Application to join third parties – Where no Amended Initiating Application was filed seeking substantive orders against third parties – Application dismissed.

FAMILY LAW – INJUNCTIONS – Where the wife established a prima facie case that the husband has diverted matrimonial assets to his children – Risk of those assets being further alienated – Orders restraining the children from dealing with that property adverse to the wife’s interest.

FAMILY LAW – INTERIM PROPERTY – Application for partial property settlement by the wife – Material non-disclosure by the husband – Where the relief sought by the wife is significantly less than the amount the husband, on his own case, asserts she will receive by way of final distribution – Wife to receive $200,000 partial property settlement.

Legislation:

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 3.03

Division:

Division 1 First Instance

Number of paragraphs:

38

Date of hearing:

25 March 2022

Place:

Sydney

Counsel for the Applicant:

Ms McMahon

Solicitor for the Applicant:

William Chan & Co Lawyers

Counsel for the Respondent:

Ms McConaghy

Solicitor for the Respondent:

My Solicitors & Notaries

ORDERS

SYC 1300 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS HUANG

Applicant

AND:

MR WEN

Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	30 MARCH 2022

THE COURT ORDERS:

1.That pending further order, Ms C Wen is restrained from selling, dealing with or further encumbering the properties at L Street, Suburb M, NSW, Folio Identifier … and 1 N Street, Suburb P, NSW, Folio Identifier ….

2.That pending further order, Mr B Wen is restrained from selling, dealing with or further encumbering the property at 2 N Street, Suburb P, NSW, Folio Identifier ....

3.That the parties cause the funds held in controlled monies on their behalf by Q Lawyers to be forwarded to the wife’s solicitors to be held in controlled monies on their behalf.

4.That from the controlled monies held by the wife’s solicitor on behalf of the husband and the wife, the parties cause the sum of $200,000 to be paid to the wife by way of partial property settlement.

5.That within 28 days the husband provide full and complete disclosure of all of the documents referred to in the letter of Q Lawyers dated 22 November 2021.

6.That the wife’s Applications in a Proceeding filed 9 December 2021 and 3 February 2022 are otherwise 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…