Jess & Jess (No 17) - [2025] FedCFamC1F 169

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jess & Jess (No 17) [2025] FedCFamC1F 169

File number MLF 3444 of 2006

Judgment of WILSON J

Date of judgment 17 March 2025

Catchwords FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – PRACTICE AND PROCEDURE – weekly directions hearings ordered in the three month lead up to trial – first of such directions hearings – applicant seeking compliance with existing discovery orders – second respondent and represented third parties seek further time to comply with disclosure requests – held, the second respondent and represented third parties have had sufficient time to comply with the disclosure orders made 8 December 2023 – further time allowed for second respondent and represented third parties to make disclosure in relation to requests made in January and February 2025.

Legislation
Family Law Act 1975 (Cth) ss 95 and 96

Federal Circuit and Family Court of Australia (Family Law) Rules 2021, r 6.01 and r 6.03

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

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

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

Division Division 1 First Instance

Number of paragraphs 32

Date of hearing 12, 14 and 17 March 2025

Place Melbourne

Counsel for the applicant Dr A. Dinelli KC with Dr P. Turner

Solicitors for the applicant Kenna Teasdale Lawyers

Counsel for the represented third parties Mr M. Kearney SC with Mr P. Springthorpe

Solicitors for the represented third parties Taussig Cherrie Fildes

Counsel for the interveners Ms N. Papaleo

Solicitors for the interveners 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

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

17 MARCH 2025

THE COURT ORDERS THAT –
1.By 5.00pm on Monday, 17 March 2025, the second respondent and represented third parties must provide to the other parties a copy of the disclosure table parts 1 and 2 with the column entitled “TCF Further Response” completed.
2.By 5.00pm on Monday, 17 March 2025, the second respondent and represented third parties must make discovery of all documents to which an objection is not advanced in the documents referred to in paragraph 1 above.
3.By 5.00pm on Tuesday, 18 March 2025, the second respondent and represented third parties must provide to the other parties a copy of disclosure table part 3 with the column entitled “TCF Response” completed.
4.By 5.00pm, on Tuesday, 18 March 2025, the second respondent and represented third parties must make discovery of all documents to which an objection is not advanced in the documents referred to in paragraph 3 above.
5.The applications in paragraphs 5, 6 and 7 of the applicant’s minute of order provided on 14…

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 17)

Details

AGLC: Jess & Jess (No 17) [2025] FedCFamC1F 169
Case: [2025] FedCFamC1F 169
Decision Date: 17 March 2025

CaseChat Overview and Summary

The case of Jess & Jess (No 17) involved a family law dispute between Ms Jess, the applicant, and Mr J, as the legal representative for Mr Jess Senior (deceased), and Mr Jess Junior, among other respondents. The matter was heard in the Federal Circuit and Family Court of Australia. The dispute centred around the enforcement of discovery orders made on 8 December 2023, and the subsequent requests for compliance with further disclosure requests. Specifically, the second respondent and represented third parties sought additional time to comply with the January and February 2025 disclosure requests.

The court had to determine whether the second respondent and represented third parties had sufficient time to comply with the existing discovery orders, and if further time was warranted for the January and February 2025 requests. The court noted that the second respondent and represented third parties had ample time to comply with the existing orders, but granted them additional time to provide the necessary disclosure for the later requests. The court set specific deadlines for the submission of disclosure tables and documents, and stood over certain applications until the next directions hearing.

The court ordered that the second respondent and represented third parties must provide certain disclosure documents by specific deadlines. These included completing disclosure tables and making discovery of documents without objection. The court also stood over several applications until the next directions hearing and reserved costs. The form of the order was subject to review for any minor errors or variations.

The court's decision highlighted the importance of adherence to disclosure orders in family law proceedings and the need for timely compliance. It also demonstrated the court's willingness to balance the interests of all parties involved, by granting additional time where necessary while ensuring the overall progress of the case.

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

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

17 MARCH 2025

THE COURT ORDERS THAT –

1. By 5.00pm on Monday, 17 March 2025, the second respondent and represented third parties must provide to the other parties a copy of the disclosure table parts 1 and 2 with the column entitled “TCF Further Response” completed.

2. By 5.00pm on Monday, 17 March 2025, the second respondent and represented third parties must make discovery of all documents to which an objection is not advanced in the documents referred to in paragraph 1 above.

3. By 5.00pm on Tuesday, 18 March 2025, the second respondent and represented third parties must provide to the other parties a copy of disclosure table part 3 with the column entitled “TCF Response” completed.

4. By 5.00pm, on Tuesday, 18 March 2025, the second respondent and represented third parties must make discovery of all documents to which an objection is not advanced in the documents referred to in paragraph 3 above.

5. The applications in paragraphs 5, 6 and 7 of the applicant’s minute of order provided on 14 March 2025 are stood over until the directions hearing on 19 March 2025.

6. Costs 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).

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 (dissent)

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by:

Full text does not contain this section.

File number	MLF 3444 of 2006
Judgment of	WILSON J
Date of judgment	17 March 2025
Catchwords	FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – PRACTICE AND PROCEDURE – weekly directions hearings ordered in the three month lead up to trial – first of such directions hearings – applicant seeking compliance with existing discovery orders – second respondent and represented third parties seek further time to comply with disclosure requests – held, the second respondent and represented third parties have had sufficient time to comply with the disclosure orders made 8 December 2023 – further time allowed for second respondent and represented third parties to make disclosure in relation to requests made in January and February 2025.
Legislation	Family Law Act 1975 (Cth) ss 95 and 96 Federal Circuit and Family Court of Australia (Family Law) Rules 2021, r 6.01 and r 6.03
Cases cited	Jess & Jess (No 11) [2023] FedCFamC1F 1027 Jess & Jess (No 12) [2024] FedCFamC1F 58 Jess & Jess (No 14) [2024] FedCFamC1F 391
Division	Division 1 First Instance
Number of paragraphs	32
Date of hearing	12, 14 and 17 March 2025
Place	Melbourne
Counsel for the applicant	Dr A. Dinelli KC with Dr P. Turner
Solicitors for the applicant	Kenna Teasdale Lawyers
Counsel for the represented third parties	Mr M. Kearney SC with Mr P. Springthorpe
Solicitors for the represented third parties	Taussig Cherrie Fildes
Counsel for the interveners	Ms N. Papaleo
Solicitors for the interveners	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 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	17 MARCH 2025