Jess & Jess (No 2) - [2021] FedCFamC1F 33

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jess & Jess (No 2) [2021] FedCFamC1F 33

File number(s): MLF 3444 of 2006

Judgment of: BENNETT J

Date of judgment: 10 September 2021

Catchwords: FAMILY LAW – COSTS – where judge is disqualified from hearing further proceedings and has heard but reserved her decision on earlier applications for costs – where judge is no longer available to determine costs applications – where costs are reserved.

Division: Division 1 First Instance

Number of paragraphs: 3

Date of hearing: 16 January 2020

Place: Melbourne

Counsel for the Applicant: Mr Dickson QC

Solicitor for the Applicant: Kenna Teasdale Lawyers

Counsel for the First Respondent: No Appearance

Counsel for the Second Respondent: Mr Waller QC

Solicitor for the Second Respondent: HWL Ebsworth

Counsel for the Intervener: Mr Papaleo

Solicitor for the Intervener: Lander & Rogers

Table of Corrections

16 March 2022 At pages 2 to 4 a schedule has been included listing all the parties to the proceeding.
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)

AND:
MR JESS JNR & ORS

2^nd to 29^th Respondents- Represented third parties

MR K AND MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR
Intervener

ORDER MADE BY:

BENNETT J

DATE OF ORDER:

10 SEPTEMBER 2021

THE COURT ORDERS THAT:
1.The costs of and incidental to the application of the Represented Third Parties which was heard on 16 January 2020 be 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 the pseudonym Jess & Jess is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Amended pursuant to r 10.14(b) of the Federal Circuit and Family Court of Australia (Division 1) Rules 2021 (Cth) on 16 March 2022.
BENNETT J:

On 16 January 2020 I heard submissions in the various applications and cross applications for costs of and incidental to the application of the Represented Third Parties for a declaration that the Deed of Declaration of Trust dated 28 February 2002 was not executed on the date that it bears and that I either recuse myself from hearing any further applications in the proceedings or, alternatively, that I be disqualified from any further hearing of the proceedings. The applications for costs are the application of the wife filed 19 December 2019, the Represented Third Parties’ response thereto filed 20 December 2019, the interveners’ application filed 19 December 2019 and the response of the Represented Third Parties to the interveners’ application filed 19 December 2019.
On 16 January 2020 I reserved my decision and my decision remains reserved.
On 25 August 2021, the Full Court ordered, inter alia, that I be disqualified from any further hearing of the proceedings and the balance of the proceedings be determined by a judge other than me. Accordingly, I am unable to determine the applications for costs.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Bennett.
Associate:
Dated: 10 September 2021
SCHEDULE OF PARTIES

MS JESS
Applicant Wife

MR JESS SNR
Respondent Husband

MR JESS JNR

Second Respondent

PPP INVESTMENTS PTY LTD
Third Respondent

MR BAN

Fourth Respondent

AAA PTY LTD AS TRUSTEE OF THE BBB TRUST
Fifth Respondent

CCC PTY LTD AS TRUSTEE OF THE DDD UNIT TRUST
Sixth Respondent

GGG PTY LTD
Seventh Respondent

EEE PTY LTD
Eighth Respondent

HHH PTY LTD
Ninth Respondent

JJJ PTY LTD
Tenth Respondent

LLL PTY LTD
Eleventh Respondent

MMM PTY LTD
Twelfth Respondent

X CORPORATION PTY LTD
Thirteenth Respondent

X HOLDINGS PTY LTD

Fourteenth Respondent

X INTERNATIONAL PTY LTD
Fifteenth Respondent

X PROPERTIES PTY LTD
Sixteenth Respondent

X PTY LTD AS TRUSTEE FOR THE JESS RETAIL UNIT TRUST/ JRUT
Seventeenth Respondent

X-1 PROPERTIES PTY LTD
Eighteenth Respondent

NNN PTY LTD
Nineteenth Respondent

OOO PTY LTD
Twentieth Respondent

QQQ PTY LTD AS TRUSTEE OF THE RRR FAMILY TRUST
Twenty-First Respondent

X-1 PTY LTD
Twenty-Second Respondent

Y (NZ) LIMITED
Twenty-Third Respondent

Y (WA) PTY LTD
Twenty-Fourth Respondent

Y INTERNATIONAL PTY LTD
Twenty-Fifth Respondent

X-2 PTY LTD
Twenty-Sixth Respondent

SSS PTY LTD AS TRUSTEE OF THE TTT INVESTMENT TRUST
Twenty-Seventh Respondent

VVV PTY LTD
Twenty-Eighth Respondent

MS C JESS
(also known as MS C1 JESS,
also known as MS C2 JESS)

Twenty-Ninth Respondent

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Citations

Jess & Jess (No 2) [2021] FedCFamC1F 33

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File number(s):	MLF 3444 of 2006
Judgment of:	BENNETT J
Date of judgment:	10 September 2021
Catchwords:	FAMILY LAW – COSTS – where judge is disqualified from hearing further proceedings and has heard but reserved her decision on earlier applications for costs – where judge is no longer available to determine costs applications – where costs are reserved.
Division:	Division 1 First Instance
Number of paragraphs:	3
Date of hearing:	16 January 2020
Place:	Melbourne
Counsel for the Applicant:	Mr Dickson QC
Solicitor for the Applicant:	Kenna Teasdale Lawyers
Counsel for the First Respondent:	No Appearance
Counsel for the Second Respondent:	Mr Waller QC
Solicitor for the Second Respondent:	HWL Ebsworth
Counsel for the Intervener:	Mr Papaleo
Solicitor for the Intervener:	Lander & Rogers

Table of Corrections
16 March 2022	At pages 2 to 4 a schedule has been included listing all the parties to the proceeding.

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)
AND:	MR JESS JNR & ORS 2^nd to 29^th Respondents- Represented third parties
MR K AND MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR Intervener

ORDER MADE BY:	BENNETT J
DATE OF ORDER:	10 SEPTEMBER 2021

MS JESS	Applicant Wife
MR JESS SNR	Respondent Husband
MR JESS JNR	Second Respondent
PPP INVESTMENTS PTY LTD	Third Respondent
MR BAN	Fourth Respondent
AAA PTY LTD AS TRUSTEE OF THE BBB TRUST	Fifth Respondent
CCC PTY LTD AS TRUSTEE OF THE DDD UNIT TRUST	Sixth Respondent
GGG PTY LTD	Seventh Respondent
EEE PTY LTD	Eighth Respondent
HHH PTY LTD	Ninth Respondent
JJJ PTY LTD	Tenth Respondent
LLL PTY LTD	Eleventh Respondent
MMM PTY LTD	Twelfth Respondent
X CORPORATION PTY LTD	Thirteenth Respondent
X HOLDINGS PTY LTD	Fourteenth Respondent
X INTERNATIONAL PTY LTD	Fifteenth Respondent
X PROPERTIES PTY LTD	Sixteenth Respondent
X PTY LTD AS TRUSTEE FOR THE JESS RETAIL UNIT TRUST/ JRUT	Seventeenth Respondent
X-1 PROPERTIES PTY LTD	Eighteenth Respondent
NNN PTY LTD	Nineteenth Respondent
OOO PTY LTD	Twentieth Respondent
QQQ PTY LTD AS TRUSTEE OF THE RRR FAMILY TRUST	Twenty-First Respondent
X-1 PTY LTD	Twenty-Second Respondent
Y (NZ) LIMITED	Twenty-Third Respondent
Y (WA) PTY LTD	Twenty-Fourth Respondent
Y INTERNATIONAL PTY LTD	Twenty-Fifth Respondent
X-2 PTY LTD	Twenty-Sixth Respondent
SSS PTY LTD AS TRUSTEE OF THE TTT INVESTMENT TRUST	Twenty-Seventh Respondent
VVV PTY LTD	Twenty-Eighth Respondent
MS C JESS (also known as MS C1 JESS, also known as MS C2 JESS)	Twenty-Ninth Respondent