FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jepson & Jepson (No 6) [2024] FedCFamC1F 290
File number: SYC 2100 of 2016 Judgment of: CAMPTON J Date of judgment: 2 May 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTIONS – Where the wife seeks for an adjournment of the final trial, litigation funding by way of a dollar-for-dollar order, for the discharge of an order restraining her from dealing with her entitlements received on the distribution of the estates of her late parents without first giving notice to the husband and to provide a copy of orders made in this proceeding to the NSW Director of Public Prosecutions as an adjunct to the husband’s pending criminal charges – Where the husband opposes the relief sought by the wife and seeks orders to provide copies of affidavits and case outline documents filed by the wife in these proceedings to be provided to the NSW Department of Public Prosecutions and/or the District Court and Supreme Court of NSW, and for the previous injunctive orders to be varied to require his written consent to any dealings of those funds by the wife – Where these proceedings have been on foot for over eight years – Where the husband does not particularise the prejudice to him of the wife accessing her own property – Application for adjournment of the trial dates and for a litigation funding order dismissed – Injunctive orders discharged – Costs reserved to trial. Legislation: Family Law Act 1975 (Cth) ss75 and 79
Federal Circuit and Family Court of Australia Act 2021 (Cth)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27
Franklin & Ennis [2019] FamCAFC 91
Gollings & Scott (2007) 37 Fam LR 428; [2007] FamCA 397
Jepson & Jepson (No 4) [2023] FedCFamC1F 937
Division: Division 1 First Instance Number of paragraphs: 50 Date of hearing: 2 May 2024 Place: Melbourne (by video conference) Counsel for the Applicant: Mr Watkins Solicitor for the First Respondent: Powe & White Family Lawyers Solicitor for the Second Respondent: Did not participate ORDERS
SYC 2100 of 2016 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS JEPSON
Applicant
AND: MR JEPSON
First Respondent
MS B JEPSON
Second Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
2 MAY 2024
THE COURT ORDERS THAT:
1.The wife’s application to vacate the trial dates listed to commence over five days commencing 1 July 2024 is refused.
2.Orders 3 and 4 made 18 January 2019 are discharged.
3.The Application in a Proceeding of the wife filed 22 April 2024, save as to costs, be otherwise dismissed.
4.The Response to an Application in a Proceeding of the husband filed 26 April 2024, save as to costs, be dismissed.
5.The costs of and incidental to the Application in a Proceeding filed 22 April 2024 and Response to an Application in a proceeding filed 26 April 2024, be reserved to the trial listed to…
Continue reading Jepson & Jepson (No 6)
Sign in free to access the full text
- AGLC
- Jepson & Jepson (No 6) [2024] FedCFamC1F 290
- Case
- [2024] FedCFamC1F 290
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether Ms Jepson should be granted an adjournment of the trial dates, the discharge of orders restricting her from dealing with inheritance funds without notifying her husband, and a dollar-for-dollar litigation funding order. The court also had to consider the husband's request to provide copies of case documents to the NSW Director of Public Prosecutions and to vary the injunctive orders to require his written consent for any dealings of those funds by Ms Jepson. The court was required to weigh the need for finality in the proceedings against the parties' rights and interests in the context of the long-standing litigation. The court had to determine whether the husband had demonstrated sufficient prejudice to warrant the relief sought.
The court found that Ms Jepson would have ample resources to fund her legal costs, and thus her application for a dollar-for-dollar costs order was dismissed. The court noted that the husband had not particularised the prejudice he would suffer if Ms Jepson accessed her inheritance funds. The court considered that the proceedings had been on foot for over eight years, and that it was in the interests of finality and justice to dismiss the application for an adjournment and to discharge the orders restricting Ms Jepson from dealing with her inheritance funds without notifying her husband. The court also dismissed the husband's request to provide copies of case documents to the NSW Director of Public Prosecutions and to vary the injunctive orders to require his written consent for any dealings of those funds by Ms Jepson. The court reserved the costs of the applications to the trial.
The court ordered that Ms Jepson's application to vacate the trial dates listed to commence over five days commencing 1 July 2024 be refused. Orders 3 and 4 made 18 January 2019 were discharged. The Application in a Proceeding of Ms Jepson filed 22 April 2024, save as to costs, was dismissed. The Response to an Application in a Proceeding of the husband filed 26 April 2024, save as to costs, was dismissed. The costs of and incidental to the Application in a Proceeding filed 22 April 2024 and Response to an Application in a proceeding filed 26 April 2024 were reserved to the trial listed to commence on 1 July 2024.
Orders
Orders of the court
SYC 2100 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS JEPSON
Applicant
AND:
MR JEPSON
First Respondent
MS B JEPSON
Second Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
2 MAY 2024
THE COURT ORDERS THAT:
1. The wife’s application to vacate the trial dates listed to commence over five days commencing 1 July 2024 is refused.
2. Orders 3 and 4 made 18 January 2019 are discharged.
3. The Application in a Proceeding of the wife filed 22 April 2024, save as to costs, be otherwise dismissed.
4. The Response to an Application in a Proceeding of the husband filed 26 April 2024, save as to costs, be dismissed.
5. The costs of and incidental to the Application in a Proceeding filed 22 April 2024 and Response to an Application in a proceeding filed 26 April 2024, be reserved to the trial listed to commence on 1 July 2024.
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.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.