Huett & Calvano - [2025] FedCFamC1F 12

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Huett & Calvano [2025] FedCFamC1F 12

File number(s): ADC 1738 of 2023

Judgment of: STRUM J

Date of judgment: 20 January 2025

Catchwords: FAMILY LAW – Jurisdiction – Provision of financial information – Where the Respondent is seeking a declaration that the parties were not in a de facto relationship – Where Applicant seeks a declaration that the parties were in a de facto relationship and division of property – Where Applicant seeks an order for the filing of Financial Statements – Where the Applicant’s submissions are silent as to why a Financial Statement is reasonably necessary for the determination of the jurisdictional facts – Held that there is no jurisdiction to make an order for provision of a Financial Statement.

Legislation:
Family Law Act 1975 (Cth) ss 4AA, 44, 90RD and 90SM

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 1.05, 6.01, 6.05 and 6.06

Federal Circuit and Family Court of Australia, Central Practice Direction – Family Law Case Management, 1 May 2024

Cases cited: Norton & Locke [2013] FamCAFC 202

Division: Division 1 First Instance

Number of paragraphs: 20

Date of hearing: 26 August 2024 (Heard on the papers)

Place: Melbourne

Solicitor for the Applicant: Howe Jenkin

Solicitor for the Respondent: Lander & Rogers
ORDERS

ADC 1738 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS CALVANO

Applicant

AND:
MR HUETT

Respondent

ORDER MADE BY:

STRUM J

DATE OF ORDER:

20 JANUARY 2025

THE COURT ORDERS THAT:
1.The Applicant’s application, contained in her written submissions filed on 19 August 2024 (pursuant to Order 5 made on 12 August 2024), for the filing of Financial Statements, 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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Strum J:

By further amended Response to Initiating Application filed 17 July 2024, the Applicant for present purposes (the Respondent in the substantive proceedings) seeks, inter alia:
19.That pursuant to Section 90RD of the Family Law Act 1975, a declaration be made that the parties lived in a de facto relationship from May 2018 until on or about 31 March 2022 (or, alternatively, for such other period(s) of time between those…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Huett & Calvano

Details

AGLC: Huett & Calvano [2025] FedCFamC1F 12
Case: [2025] FedCFamC1F 12
Decision Date: 20 January 2025

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Ms Calvano, the applicant, filed a case against Mr Huett, the respondent, seeking a declaration that they were in a de facto relationship and a division of property. Ms Calvano also sought an order for Mr Huett to file Financial Statements. The respondent argued against the existence of a de facto relationship and opposed the request for financial information. The court was required to determine whether it had jurisdiction to order the provision of financial statements and whether such an order was reasonably necessary for the determination of jurisdictional facts.

The court examined the provisions of the Family Law Act 1975 (Cth) and relevant case law concerning the disclosure of financial information in family law matters. The applicant's submissions did not provide a clear justification for why the financial statements were necessary to establish the jurisdictional facts of the de facto relationship. The court found that without a compelling reason, it could not compel the respondent to provide financial information. Therefore, the court ruled that it lacked the jurisdiction to order the filing of Financial Statements.

The court dismissed Ms Calvano's application for an order requiring the filing of Financial Statements. This decision was based on the absence of a reasonable necessity for the financial information to determine the jurisdictional facts of the de facto relationship. The court's order was clear that it would not compel the respondent to provide financial details in the absence of a compelling justification from the applicant.

Orders

Orders of the court

ADC 1738 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS CALVANO

Applicant

AND:

MR HUETT

Respondent

ORDER MADE BY:

STRUM J

DATE OF ORDER:

20 JANUARY 2025

THE COURT ORDERS THAT:

1. The Applicant’s application, contained in her written submissions filed on 19 August 2024 (pursuant to Order 5 made on 12 August 2024), for the filing of Financial Statements, 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).

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	ADC 1738 of 2023
Judgment of:	STRUM J
Date of judgment:	20 January 2025
Catchwords:	FAMILY LAW – Jurisdiction – Provision of financial information – Where the Respondent is seeking a declaration that the parties were not in a de facto relationship – Where Applicant seeks a declaration that the parties were in a de facto relationship and division of property – Where Applicant seeks an order for the filing of Financial Statements – Where the Applicant’s submissions are silent as to why a Financial Statement is reasonably necessary for the determination of the jurisdictional facts – Held that there is no jurisdiction to make an order for provision of a Financial Statement.
Legislation:	Family Law Act 1975 (Cth) ss 4AA, 44, 90RD and 90SM Federal Circuit and Family Court of Australia (Family Law) Rules 2021 rr 1.05, 6.01, 6.05 and 6.06 Federal Circuit and Family Court of Australia, Central Practice Direction – Family Law Case Management, 1 May 2024
Cases cited:	Norton & Locke [2013] FamCAFC 202
Division:	Division 1 First Instance
Number of paragraphs:	20
Date of hearing:	26 August 2024 (Heard on the papers)
Place:	Melbourne
Solicitor for the Applicant:	Howe Jenkin
Solicitor for the Respondent:	Lander & Rogers

ADC 1738 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS CALVANO Applicant
AND:	MR HUETT Respondent

ORDER MADE BY:	STRUM J
DATE OF ORDER:	20 JANUARY 2025