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
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 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).
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- AGLC
- Jess & Jess (No 14) [2024] FedCFamC1F 391
- Case
- [2024] FedCFamC1F 391
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: MR J
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