Iannello and Iannello (No.8)

FEDERAL CIRCUIT COURT OF AUSTRALIA

IANNELLO & IANNELLO (No.8) [2020] FCCA 949

Catchwords:
FAMILY LAW – Property – enforcement­ of final property orders – Where urgency of the Application is established – payment of monies held in trust by Husband’s former solicitor.

Legislation:

Federal Circuit Court Rules 2001 (Cth), rr.6.14, 13.04, 25B.61(c)
Health and Wellbeing Act 2008 (Vic), s.200

Legal Profession Uniform Law (Vic), s.138(2)

Cases cited:

Iannello & Iannello (No.5) [2020] FCCA 589

Iannello & Iannello (No.6) [2020] FCCA 761

Applicant: MS IANNELLO

Respondent: MR IANNELLO

File Number: MLC 3008 of 2018

Judgment of: Judge C E Kirton QC

Hearing date: 14 April 2020

Date of Last Submission: 14 April 2020

Delivered at: Melbourne

Delivered on: 14 April 2020

REPRESENTATION

Solicitors for the Applicant: Marshall +Dent + Wilmoth

The Respondent appearing in person

Solicitors for the Independent Children’s Lawyer: Leslie Family Law

ORDERS

1. Pursuant to r.25B.61(c) of the Federal Circuit Court Rules 2001 (Cth) the principal of the legal practice Bayside Family Law Solutions is directed to pay, as directed by the Wife, the monies held in trust by that firm in the joint names of the parties with an estimated balance of $206,731.24.

2. The Wife's costs of and incidental to filing the Application in a Case, dated 7 April 2020, be heard and determined together with the costs in the principal proceeding at the mention on 9 June 2020.

AND THE COURT NOTES

A.For the avoidance of doubt, Order 1 is an Order of the Court of competent jurisdiction for the purposes of section 138(2) of the Legal Profession Uniform Law(Vic).

IT IS NOTED that publication of this judgment under the pseudonym Iannello & Iannello (No.8) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 3008 of 2018

MS IANNELLO

Applicant

And

MR IANNELLO

Respondent

REASONS FOR JUDGMENT

(Ex Tempore)

Introduction

1. Final judgment in this matter was delivered on 23 March 2020 in the matter of Iannello & Iannello (No.5) [2020] FCCA 589. Three weeks and one day have now passed since Final Orders were made.

Previous Judgments and Orders

1. Since 23 March 2020, this matter has come before the Court on two previous occasions, due to the Husband not complying with the Final Orders.  This is now the third occasion that this matter comes back before the Court due to the Husband's further failure to comply with Final Orders. 

2. The first occasion the matter came before the Court for enforcement proceedings was on 24 March 2020, in the matter of Iannello & Iannello (No.6) [2020] FCCA 761. The first enforcement hearing was the day after the Final Orders were pronounced. On that occasion the Court made an ex-parte Recovery Order in relation to the children, X, born in 2005, and Y, born in 2008 (Children).  The Recovery Order included Orders that:

   a)The Children be returned to the care of the Wife;

   b)The Husband be arrested, without warrant, in the event…