Jess & Jess (No 13)

[2024] FedCFamC1F 287

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Jess & Jess (No 13) [2024] FedCFamC1F 287

File number(s)	MLF 3444 of 2006
Judgment of	WILSON J
Date of judgment	1 May 2024
Catchwords	FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – interlocutory application – represented third parties’ application stood over until Full Court decision.
Division	Division 1 First Instance
Number of paragraphs	8
Date of last submission	13 March 2024
Date of hearing	1 May 2024
Place	Melbourne
Counsel for the applicant	Mr G Dickson KC
Solicitor for the applicant	Kenna Teasdale Lawyers
Counsel for the represented third parties	Mr A Myers AC KC with Mr J Mereine and Mr C Lum
Solicitor for the represented third parties	HWL Ebsworth Lawyers
Counsel for the intervener	Ms N Papaleo
Solicitor for the intervener	Lander & Rogers

ORDERS

MLF 3444 of 2006

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MS JESS

Applicant

AND

MR J AS LEGAL PERSONAL REPRESENTATIVE OF MR JESS SNR (DECEASED)

First Respondent

MR JESS JNR & ORS (SECOND TO 29TH RESPONDENTS – THE REPRESENTED THIRD PARTIES)

Second to 29^th Respondents

MR K AND MR L AS TRUSTESS OF THE BANKRUPT ESTATE OF MR JESS SNR

Intervener

ORDER MADE BY	WILSON J
DATE OF ORDER	1 MAY 2024

THE COURT ORDERS –

1.On or before 15 May 2024 the wife must file and serve submissions in opposition to paragraph one of the represented third parties’ application in a proceeding dated 13 March 2024.

2.Paragraph one of my orders made 15 March 2024 are stood over until the determination by the Full Court of the application for leave to appeal.

3.The hearing of paragraph one of the represented third parties’ application in a proceeding dated 13 March 2024 is fixed for 31 May 2024 at 10.00am.

4.Costs of all parties of today are reserved.

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 a pseudonym Jess & Jess has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

WILSON J

1. On 15 March 2024 I made orders adjourning all pleading applications and the represented third parties’ discovery application until the Full Court heard and determined an application for leave to appeal in respect of disclosure orders and a stay application. 

2. On 30 April 2024 the Full Court heard the application for leave to appeal.  Judgment has been reserved. 

3. Today the represented third parties again pressed for the hearing and determination of the discovery application and for pleading issues to be debated.

4. By consent the intervenors and the represented third parties reached agreement on other issues in respect to which consent orders have been pronounced, but that is aside from what I am being asked to deal with at the moment. 

5. The wife submitted that the application urged by the represented third parties should await the decision of the Full Court.  The represented third parties pressed for their application for leave to amend the defence and the strikeout application of the amended statement of claim to be determined today. 

6. Despite this case being pressed along by me (it having been commenced in 2006) I see no utility in dealing today with the pleadings issues pending the determination of the Full Court’s decision.  The Full Court will address discovery matters which may very well inform the scope of the documentation to be produced so as to enable improvements to be made to the existing version of the statement of claim. 

7. So far as the represented third parties’ disclosure fight is concerned, the arena of debate is marked by reference to documents sought in schedule B to the represented third parties’ application in a proceeding dated 13 March 2024.  The wife says most paragraphs are of questionable relevance.  Counsel for the wife wanted 14 days to file submissions in opposition.  It strikes me that is appropriate. 

8. I regard it as unwise to deal with the represented third parties’ applications today and instead I order them to await the production of reasons by the Full Court in the application for leave to appeal.

I certify that the preceding eight (8) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Wilson.

Associate:

Dated:       1 May 2024