Jess & Jess (No 5) - [2022] FedCFamC1F 594

Federal Circuit and Family Court of Australia
(DIVISION 1)
Jess & Jess (No 5) [2022] FedCFamC1F 594

File number(s): SYC5516/2017

Judgment of: WILSON J

Date of judgment: 17 August 2022

Catchwords: FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – parties previously ordered to bring a minute giving effect to reasons delivered on 29 July 2022 – parties unable to reach a consent minute – orders made.

Cases cited: Jess & Jess (No 4) [2022] FedCFamC1F 530

Division: Division 1 First Instance

Number of paragraphs: 9

Date of hearing: 16 August 2022

Place: Melbourne

Counsel for the Applicant: Mr G. Dickson QC with Ms L. Johnston

Solicitor for the Applicant: Kenna Teasdale Lawyers

Counsel for the Second to Twenty Ninth Respondents: Mr I. Waller SC

Solicitor for the Second to Twenty Ninth Respondents: HWL Ebsworth Lawyers

Counsel for the Interveners: Mr H. Austin QC

Solicitor for the Interveners: Lander & Rogers
ORDERS

SYC 5516 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS JESS

Applicant

AND:
MR J AS LEGAL PERSONAL RESPRESENTATIVE OF MR JESS SNR (DECEASED)

First Respondent

MR JESS JNR (and others named in the Schedule)

Second Respondent

MR K AND MR L

Interveners

order made by:

WILSON J

DATE OF ORDER:

17 AUGUST 2022

THE COURT ORDERS THAT:
1.On or before 4:00pm on 30 September 2022 the wife must file and serve –
(a)a further amended initiating application in which the wife sets out in precise terms the relief she seeks against all respondents pursuant to section 79 of the Family Law Act; and
(b)a statement of claim to a standard commensurate with a proceeding in the Federal Court of Australia.

2.On or before 4:00pm on 28 October 2022 the 2^nd to 29^th respondents and the trustees of the bankrupt estate of Mr Jess Snr (Trustees) must file and serve their defences and any cross-claims.
3.On or before 4:00pm on 11 November 2022 the wife must file and serve –
(a)any reply to any defence of the 2^nd to 29^th respondents or the trustees; and
(b)any defence to any cross-claim of the 2^nd to 29^th respondents or the trustees.

4.On or before 4:00pm on 11 November 2022 –
(a)the 2^nd to 29^th respondents must file and serve any defence to any cross-claim of the trustees; and
(b)the trustees must file and serve any defence to any cross-claim of the 2^nd to 29^th respondents.

5.On or before 4:00pm on 25 November 2022 –
(a)the 2^nd to 29^th respondents must file and serve any reply to any defence of the wife or trustees to their cross-claim; and
(b)the trustees must file and serve any reply to any defence of the wife or 2^nd to 29^th respondents to their cross-claim.

6.On or before 4:00pm on 2 December 2022 any party must serve on any other party a list of documents or categories of documents that they require that party to produce by…

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 5)

Details

AGLC: Jess & Jess (No 5) [2022] FedCFamC1F 594
Case: [2022] FedCFamC1F 594
Decision Date

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Division 1, the case of Jess & Jess (No 5) was heard on 16 August 2022, with reasons delivered on 17 August 2022. The case involves a complex financial dispute between Jess, the applicant, and various respondents, including Mr Jess Junior and other parties named in the Schedule. The matter was previously heard and determined on 29 July 2022, with the court setting aside consent orders that had been in place for several years. Following this decision, the court directed the parties to prepare a minute giving effect to the reasons, but the parties were unable to reach a consensus. The court was required to address the disagreements and make orders for the ongoing conduct of the litigation.

The legal issues before the court included whether interlocutory orders should be made pending the determination of any potential appeal against the 29 July 2022 decision, and if so, what those orders should entail. The court also had to consider the appropriate timeline for the various stages of the litigation, including the filing of further amended applications, statements of claim, defences, and discovery requests. The court needed to balance the need for progress in the litigation with the possibility that the earlier decision could be overturned on appeal.

The court held that despite the potential for appeal, formal orders were necessary to bring the litigation to a formal conclusion. Justice Wilson acknowledged the possibility of an appeal and the potential for a stay of orders or a reversal of the decision. However, the court emphasised that the litigation had been ongoing for many years and that no end was in sight. The specific orders made by the court included deadlines for filing further amended applications, statements of claim, defences, and discovery requests, as well as a date for the next hearing to address outstanding disputes and the overall conduct of the proceeding.

The final orders included directions for the parties to file further amended applications and statements of claim, serve defences and cross-claims, and engage in discovery. The court also set a date for the next hearing to address any outstanding discovery disputes, the overall conduct of the proceeding, and other matters the court deemed appropriate. The form of the order was subject to review or variation in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. The next hearing was set for 10:00am on 1 March 2023.

Orders