Jess & Jess (No 14) - [2024] FedCFamC1F 391

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jess & Jess (No 14) [2024] FedCFamC1F 391

File number MLF 3444 of 2006

Judgment of WILSON J

Date of judgment 7 June 2024

Catchwords FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – PRACTICE AND PROCEDURE – discovery – documents sought by represented third parties from the wife – overly broad and oppressive – represented third parties’ entitlement to disclosure grounded in rule 6.06(2) – prerequisites not established.

Legislation
Corporations Act 2001 s 9

Family Law Act 1975 s 79, 79A, 106B

Cases cited
Jess & Jess (No 11) [2023] FedCFamC1F 1027

Jess & Jess (No 12) [2024] FedCFamC1F 58

Jess & Jess (No 3) [2022] FedCFamC1F 408

Jess & Jess (No 3) [2023] FedCFamC1A 2

Jess & Jess (No 4) [2023] FedCFamC1A 189

Jess & Jess (No 5) [2024] FedCFamC1A 85

Jess & Jess (No 7) [2023] FedCFamC1F 291

Stanford v Stanford (2012) 247 CLR 108

Division Division 1 First Instance

Number of paragraphs 72

Date of hearing 1 and 31 May 2024

Place Melbourne

Counsel for the applicant Mr G Dickson KC

Solicitors for the applicant Kenna Teasedale Lawyers

Counsel for the represented third parties Mr A Myers AC KC with Mr C Lum and Mr J Mereine

Solicitors for the represented third parties HWL Ebsworth Lawyers

Counsel for the intervener Ms N Papaleo

Solicitors 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 REPRESENTATIVE FOR MR JESS SNR (DECEASED)

First Respondent

MR JESS JNR & ORS (THE REPRESENTED THIRD PARTIES)

Second to 29^th Respondents

MR K & MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR

Interveners

ORDER MADE BY

WILSON J

DATE OF ORDER

7 JUNE 2024

THE COURT ORDERS THAT –
1.I dismiss all applications in paragraph one of the represented third parties’ application in a proceeding dated 13 March 2024 insofar as it related to Schedule B.
2.By 4pm on 27 June 2024, the represented third parties must complete the task of providing to the wife’s solicitors all discovery ordered by me by my orders made in this proceeding on 8 December 2023.
3.The further hearing of this proceeding is adjourned to 10am on 28 June 2024 before me.
4.Any application for costs to be made arising out of these orders must be brought supported by all applicable affidavits and submissions by noon on 24 June 2024 which I will consider on the papers thereafter.

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…

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 Jess & Jess (No 14)

Details

AGLC: Jess & Jess (No 14) [2024] FedCFamC1F 391
Case: [2024] FedCFamC1F 391
Decision Date: 7 June 2024

CaseChat Overview and Summary

The matter of Jess & Jess (No 14) before Wilson J in the Federal Circuit and Family Court of Australia involved a dispute over discovery and disclosure of documents in the context of a family law proceeding. The applicant, Ms Jess, sought to prevent represented third parties, Mr Jess Jnr and others, from obtaining discovery of documents from her, contending that their requests were overly broad and oppressive. The represented third parties, acting on behalf of the deceased's estate, sought to obtain various documents from Ms Jess.

The primary legal issue for the court was whether the represented third parties were entitled to the discovery of the documents they sought. This hinged on whether the prerequisites of rule 6.06(2) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 were satisfied. The court needed to determine whether the represented third parties had demonstrated a legitimate need for the documents, and whether the scope of the discovery was justified and not oppressive.

Wilson J dismissed the represented third parties' applications regarding Schedule B of their discovery request, finding that the prerequisites for obtaining such discovery were not established. The judge highlighted that the represented third parties had not demonstrated a sufficient basis for the broad scope of their discovery request, which was considered oppressive to Ms Jess. The court also noted that the represented third parties had not met their burden to show that the documents were necessary and relevant to the proceedings. Consequently, the judge ordered the represented third parties to complete the task of providing discovery as previously ordered by the court by a specified date and time. The court further directed that any applications for costs arising from these orders must be made by a certain deadline, with the judge to consider them on the papers thereafter.

In summary, the court ruled against the represented third parties' overly broad discovery requests, emphasising the need for such requests to be narrowly tailored and justified. The court's decision underscored the importance of balancing the rights of all parties in family law proceedings, particularly in relation to discovery and disclosure of documents.

Orders

Orders of the court

MLF 3444 of 2006

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MS JESS

Applicant

AND

MR J AS LEGAL REPRESENTATIVE FOR MR JESS SNR (DECEASED)

First Respondent

MR JESS JNR & ORS (THE REPRESENTED THIRD PARTIES)

Second to 29th Respondents

MR K & MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR

Interveners

ORDER MADE BY

WILSON J

DATE OF ORDER

7 JUNE 2024

THE COURT ORDERS THAT –

1. I dismiss all applications in paragraph one of the represented third parties’ application in a proceeding dated 13 March 2024 insofar as it related to Schedule B.

2. By 4pm on 27 June 2024, the represented third parties must complete the task of providing to the wife’s solicitors all discovery ordered by me by my orders made in this proceeding on 8 December 2023.

3. The further hearing of this proceeding is adjourned to 10am on 28 June 2024 before me.

4. Any application for costs to be made arising out of these orders must be brought supported by all applicable affidavits and submissions by noon on 24 June 2024 which I will consider on the papers thereafter.

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

MR J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: MR J

Full text does not contain this section.

File number	MLF 3444 of 2006
Judgment of	WILSON J
Date of judgment	7 June 2024
Catchwords	FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – PRACTICE AND PROCEDURE – discovery – documents sought by represented third parties from the wife – overly broad and oppressive – represented third parties’ entitlement to disclosure grounded in rule 6.06(2) – prerequisites not established.
Legislation	Corporations Act 2001 s 9 Family Law Act 1975 s 79, 79A, 106B
Cases cited	Jess & Jess (No 11) [2023] FedCFamC1F 1027 Jess & Jess (No 12) [2024] FedCFamC1F 58 Jess & Jess (No 3) [2022] FedCFamC1F 408 Jess & Jess (No 3) [2023] FedCFamC1A 2 Jess & Jess (No 4) [2023] FedCFamC1A 189 Jess & Jess (No 5) [2024] FedCFamC1A 85 Jess & Jess (No 7) [2023] FedCFamC1F 291 Stanford v Stanford (2012) 247 CLR 108
Division	Division 1 First Instance
Number of paragraphs	72
Date of hearing	1 and 31 May 2024
Place	Melbourne
Counsel for the applicant	Mr G Dickson KC
Solicitors for the applicant	Kenna Teasedale Lawyers
Counsel for the represented third parties	Mr A Myers AC KC with Mr C Lum and Mr J Mereine
Solicitors for the represented third parties	HWL Ebsworth Lawyers
Counsel for the intervener	Ms N Papaleo
Solicitors for the intervener	Lander & Rogers

MLF 3444 of 2006
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN	MS JESS Applicant
AND	MR J AS LEGAL REPRESENTATIVE FOR MR JESS SNR (DECEASED) First Respondent MR JESS JNR & ORS (THE REPRESENTED THIRD PARTIES) Second to 29^th Respondents
MR K & MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR Interveners

ORDER MADE BY	WILSON J
DATE OF ORDER	7 JUNE 2024