Janson & Marvin
[2021] FedCFamC1F 144
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Janson & Marvin [2021] FedCFamC1F 144
File number(s): BRC 12096 of 2017 Judgment of: BENNETT J Date of judgment: 28 September 2021 Catchwords: FAMILY LAW – FINANCIAL – Alteration of property interests – final hearing aborted in circumstances where matter cannot proceed by electronic means – Final hearing to be refixed when it can be accommodated face-to-face. Division: Division 1 First Instance Number of paragraphs: 3 Date of hearing: 27 & 28 September 2021 Place: Melbourne (heard via MS Teams) Counsel for the Applicant: Litigant in person Counsel for the First Respondent: Litigant in person Counsel for the Second to Sixteenth Respondents: No appearance ORDERS
BRC 12096 of 2017 BETWEEN: MS JANSON
Applicant
AND: MR MARVIN
First Respondent
C PTY LTD
Second RespondentB PTY LTD (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
BENNETT J
DATE OF ORDER:
28 SEPTEMBER 2021
THE COURT ORDERS THAT:
1.The final hearing of this matter be and is hereby aborted.
2.The cross examination of Ms Janson by Mr Marvin is discontinued and will have to be recommenced from the beginning.
3.The cross examination by Ms Janson of Mr Marvin, which was interposed, is discontinued and will have to be commenced from the beginning.
4.For the avoidance of doubt, the effect of paragraphs 2 and 3 herein are that neither party remains under cross examination at this time and is therefore not restricted in discussing the proceedings or allegations with other parties or their evidence with other parties.
5.The parties are each at liberty to refer to and use any evidence adduced orally in cross examination or evidence on 27 and 28 September 2021.
6.The matter not be refixed for hearing before me:
(a)until a face to face hearing can be conducted; and
(b)without the court being able to provide a Registrar to take the parties for break out sessions in relation to procedural matters that may arise during the course of the proceeding which is inappropriate for me to determine, such as whether evidence is privileged or subject to confidentiality.
7.The document entitled ‘affidavit’ and sent to the Court on 27 September 2021 at approximately 9am by Mr Marvin and comprising 26 pages be tendered as “R1”, NOTING THAT only pages 8 to 16 have been confirmed by Mr Marvin to constitute his evidence in chief for these proceedings and to be true and correct in every particular.
IT IS DIRECTED:
8.That my associate notify the parties by email when the matter can be next relisted before me.
IT IS FURTHER ORDERED THAT:
9.For the avoidance of doubt, this Order precludes either party from making an application to the Court for an expedited hearing or a hearing under other conditions.
10.The other parties to the proceedings and in the proceedings MLC6523 of 2020 (Mr Sunderland (in his capacity as Liquidator of D Pty Ltd (In Liquidation) ACN … Q Company & Mr Sunderland & Mr Blackmore & E Pty Ltd & F Pty Ltd )) be sent a copy of this Order by email.
11.This matter is hereby referred to the docket registrar, Registrar K Sudholz, for conciliation and directions.
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 pseudonym Janson & Marvin is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
BENNETT J:
I am satisfied that this matter cannot proceed on an electronic format.
There have been a number of problems with the matter, which I will detail in some reasons for decision which I will deliver in due course, but, in the meantime, I am going to suspend the hearing, discontinue the cross-examinations, both of which are underway, and make an order that it not be fixed for hearing before me until it can be a face-to-face hearing. I do not know when that is because it contains two conditions: one is that it has to be a face-to-face hearing, and the next is that I have to have some time to be available to hear it.
I have warned the parties and put them on notice that the time I have is scarce and that I cannot see that it will be at any stage this year. I also cannot see that it will be in the first half of next year, so when I do have time to hear it, I will refix it, but it then will only proceed if it is face-to-face.
I certify that the preceding three (3) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Bennett delivered on 28 September 2021. Associate:
Dated: 18 March 2022
SCHEDULE OF PARTIES
BRC 12096 of 2017 Respondents
Fourth Respondent:
G PTY LTD
Fifth Respondent:
DEPUTY COMMISSIONER FOR TAXATION
Sixth Respondent:
MR BLACKMORE
Seventh Respondent:
H PTY LTD
Eighth Respondent:
MS NAZARI
Ninth Respondent:
J PTY LTD
Tenth Respondent:
K PTY LTD
Eleventh Respondent:
MR SUNDERLAND (IN HIS CAPACITY AS LIQUIDATOR OF D PTY LTD (IN LIQUIDATION) ACN …
Twelfth Respondent:
L COMPANY
Thirteenth Respondent:
M COMPANY
Fourteenth Respondent:
N COMPANY
Fifteenth Respondent:
P COMPANY
Sixteenth Respondent:
D PTY LTD
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