Jess & Jess (No 9)
[2023] FedCFamC1F 713
•24 August 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jess & Jess (No 9) [2023] FedCFamC1F 713
File number MLF 3444 of 2006 Judgment of WILSON J Date of judgment 24 August 2023 Catchwords FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – DISCLOSURE – represented third parties protesting about providing disclosure pending the hearing and determination of two applications for leave to appeal – represented third parties objecting to being required to give disclosure in relation to several corporate respondents the registration of which have been deregistered – legal consequences of a company being deregistered – held, application held over to 18 September 2023. Legislation Corporations Act 2001 (Cth) ss 50AA, 601AD and 601AH
Family Law Act 1975 (Cth) s 45A
Cases cited Jess & Jess (No 7) [2023] FedCFamC1F 291
Ozer v Ozer (2021) 64 Fam LR 554
Tarkington Pty Ltd & Anor v Kingdrake Pty Ltd [2000] VSCA 98
Division Division 1 First Instance Number of paragraphs 34 Date of last submission 26 June 2023 Date of hearing 26 June 2023 Place Melbourne Counsel for the applicant Mr G. Dickson KC with Ms R. Matson Solicitor for the applicant Kenna Teasdale Lawyers Legal personal representative of the first respondent Mr W. P. Howard Counsel for the represented third parties Mr I. G. Waller KC and Mr J. Mereine Solicitor for the represented third parties HWL Ebsworth Lawyers Counsel for the intervenors Ms N. Papaleo Solicitor for the intervenors Lander & Rogers ORDERS
MLF 3444 of 2006 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS JESS
Applicant
AND MR JESS JNR AND OTHERS
Respondent
MR K AND MR L AS TRUSTEES OF THE BANKRUPT ESTATE OF MR JESS SNR
Intervenors
ORDER MADE BY
WILSON J
DATE OF ORDER
24 AUGUST 2023
THE COURT ORDERS THAT –
1.The further hearing of this application in a proceeding is adjourned to 10:00am on 18 September 2023 in the Major Complex Financial Proceedings List.
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 a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
WILSON J
INTRODUCTION
By application in a proceeding dated 25 May 2023, the wife sought disclosure of a collection of documents identified in the annexure to her application and which, for convenience, I replicate as an annexure to these reasons. The wife also sought orders concerning steps to be taken anterior to the trial of this proceeding.
The wife’s application was supported by an affidavit made on 25 May 2023 by Mr AL, the wife’s solicitor.
The represented third parties, whose solicitor Mr ZZ opposed the wife’s application, contended that an application for leave to appeal is pending against my order made on 19 May 2023, in which I dismissed an application to stay my orders made on 27 April 2023, and that no substantive step should be taken in this proceeding until the hearing and determination of that appeal is known.
On behalf of the intervenors, Ms Papaleo of counsel submitted that she wanted to address trial directions.
As these reasons record, I take the view that this discovery dispute should be adjourned to 18 September 2023.
RELEVANT BACKGROUND
On 27 April I handed down reasons for judgment in Jess & Jess (No 7).[1] That decision concerned the represented third parties’ application to have the intervenors’ cross claim summarily dismissed which was itself dismissed. I also dismissed the represented third parties’ application for the summary dismissal of the intervenors’ cross claim on the basis that it had no reasonable prospects of success. Similarly, I dismissed the represented third parties’ application for the dismissal of the intervenors’ cross claim under s 45A of the Family Law Act on the basis that the cross claim was an abuse of process.
[1] [2023] FedCFamC1F 291.
On 19 May 2023, I made orders dismissing the represented third parties’ application to stay my orders made on 27 April 2023.
By notice of appeal dated 25 May 2023, the represented third parties sought leave to appeal against my orders made 19 May 2023. The two paragraphs of their application for leave were as follows –
1.In respect of the appeal against paragraph 1 of the Orders made on 19 May 2023 by the Honourable Justice Wilson (Orders) the Applicants for leave to appeal refer to the grounds of appeal set out in paragraphs 1 and 2 of Part E below and submit that in the circumstances of this case:
(a)The decision of the primary judge is attended by sufficient doubt to warrant it being reconsidered by the Full Court; and
(b)Substantial injustice would result to them if leave were refused, supposing the decision to be wrong.
2. The substantial injustice includes:
(a)The Applicants' Application for Leave to Appeal paragraphs 4 and 5 of the Orders made on 27 April 2023 by the Honourable Justice Wilson (the April Orders), and the Appeal therefrom, (the Appeal) will be rendered nugatory if a stay is not granted because the subject matter of the Appeal will be destroyed if discovery and inspection is required to be given before the Appeal is determined.
(b)If a stay of paragraphs 4 and 5 of the April Orders is not granted the Applicants will be practically deprived of any capacity to challenge orders that arguably should not have been made before being required to comply with those orders.
(c)There is a real risk that if the Appeal succeeds the Applicants will be deprived of the fruits of the Appeal as it will not be possible for them to be substantially restored to their former position if the stay is not granted.
The represented third parties’ grounds of appeal were in two main paragraphs, paragraph 2(b) of which related to discovery. The grounds of appeal were as follows –
1.The primary judge erred ([10], [11] and [15]) in finding that the Appeal will not be rendered nugatory unless the April Orders are stayed.
2.The primary judge ought to have granted a stay of the April Orders pending the determination of the Appeal in circumstances where:
(a)The Appeal would be rendered nugatory if a stay was not granted because the subject matter of the Appeal would be destroyed if discovery and inspection was required to be given before the Appeal is determined.
(b)Although paragraphs 4 and 5 of the April Orders were interlocutory, they required the consideration and application of a fundamental legal principle in respect of tracing. That fundamental legal principle, and its proper application, is central to the Appeal against those orders.
(c) The balance of convenience favoured the grant of a stay.
(d)The Applicants had identified an adverse and severe consequence if the stay was not granted, being the unjustified incursion into their private affairs which could not be undone if the Appeal is successful.
So far as their appeal against my dismissal of their stay application was concerned, the represented third parties’ sought the following orders –
1.Leave to appeal in respect of paragraph 1 of the Orders made by the Honourable Justice Wilson on 19 May 2023 (Orders) be granted.
2. The appeal be allowed.
3. Paragraph 1 of the Orders be set aside and in its place the Court order that:
Pursuant to Rule 13.12(2) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), orders 4 and 5 of the orders of the Honourable Justice Wilson made on 27 April 2023 be stayed pending the determination of the appeal of those orders by the Full Court.
4.The Respondents pay the Applicants' costs of the application for leave to appeal and the appeal.
In his affidavit made 25 May 2023, Mr AL deposed to correspondence passing between his firm, the represented third parties’ solicitors and the intervenors’ solicitors between 19 and 23 May 2023. Mr AL expressed his view that by reason of the dismissal of the stay application, paragraph 4 and 5 of my orders made 27 April 2023 remain in full force and effect. His client, the wife, sought orders in terms of the annexure to her application in a proceeding.
Mr ZZ deposed to the fact that certain respondents were deregistered, namely, the sixth, 10th, 12th 14th, 15th, 20th, 22nd, 23rd, 24th 25th and 26th respondents. He deposed to the 11th respondent being under external administration. By operation of 601AD of the Corporations Act, a deregistered company ceases to exist and its assets vest in the Australian Securities and Investments Commission. Without the registration of those deregistered companies being reinstated under s 601AH of the Corporations Act, this litigation stands still against those deregistered companies. The proper person to seek orders for the reinstatement of a company’s registration and the evidence to be adduced on an application to reinstate the registration of a deregistered company was the subject of my reasons in Ozer v Ozer.[2]
[2] (2021) 64 Fam LR 554.
Unless and until the registration of the sixth, 10th, 12th, 14th, 15th, 20th, 22nd, 23rd,24th, 25th and 26th respondents is reinstated, orders against them are or may be incompetent.[3] The point was not argued before me and I merely brought my decision in Ozer to counsels’ attention. If the parties wish to be heard on point they have liberty, as have all parties in proceedings in the Major Complex Financial Proceedings List, to seek a date for mention. No one addressed on the effect of the external administration of the 11th respondent.
[3] Tarkington Pty Ltd & Anor v Kingdrake Pty Ltd [2000] VSCA 98.
In those circumstances, I am concerned that unless and until the deregistered respondents are reinstated to the register, orders made against those respondents including disclosure orders may well be incompetent. Mr Dickson KC for the wife informed me on 26 June 2023 that he was not going to attempt to persuade me into making orders against the deregistered companies. He submitted that irrespective of the deregistered status of various respondents, that did not derogate from the obligations of Mr Jess Jnr to give disclosure including producing documents in his possession or control in respect of those deregistered companies. That seemed to me to be axiomatic.
The correspondence revealed that the wife’s solicitors wrote to the represented third parties’ solicitors proposing a minute of order. The proposed order took the same form as the annexure to the wife’s application in a proceeding. The solicitors for the represented third parties told the wife’s solicitors, in essence, that they do not propose to formulate any minute that gives effect to paragraph 4 of my orders made on 27 April 2023.
Mr Dickson KC pointed out that the represented third parties have not appealed against the non-bifurcation of this litigation. The disclosure orders sought by the wife were reposed in paragraphs one to eight of the proposed minute set out in the annexure to these reasons.
On behalf of the represented third parties, Mr Waller KC contended that until the deed of declaration of trust, the deed of settlement and the transfer of units are set aside, none of the documents sought in aid of tracing ought to be discovered.
Mr Waller focused on what is described as the “schedule C entities” contending that there was no evidence before the court as to how any of the schedule C entities are linked to Mr Jess Jnr and no pleading exists to connect them to this litigation. Mr Waller submitted that it would be an affront to principles concerning disclosure to require the schedule C entities to give disclosure.
Mr Waller KC submitted that the entities defined as being “the [Mr Jess Jnr] entities” were not identified on their face and it was not possible to ascertain from that description to whom the wife referred. Instead, according to Mr Waller, Mr Jess Jnr would have to make a legal assessment about which entities Mr Jess Jnr exercised control over for the purposes of s 50AA of the Corporations Act before any of those entities answered the appellation “[Mr Jess Jnr] entities”.
Next, Mr Waller submitted that Mr Jess Jnr’s wife Ms C Jess is a person from whom disclosure is sought yet no relief is sought in the latest version of the statement of claim against Ms C Jess. Similar observations apply to Mr Ban.
Mr Waller KC submitted that according to information obtained from appeals personnel at the Southern District Registry of this court, the appeal from my 27 April 2023 decision may be heard in September or October 2023.
For the intervenors, Ms Papaleo submitted that she wished to be heard insofar as trial orders may be ordered but not otherwise.
By way of reply, Mr Dickson KC submitted that paragraph nine and following of the minute (the annexure to these reasons) gives voice to the direction I made many months ago that the parties must agree on a trial plan.
CONSIDERATION
In my view, not only is it optimistic but it is unduly premature to be prescribing trial directions. The applications for leave to appeal currently pending must be heard and determined. I will not order trial directions now as those orders will almost certainly require recalibration if ordered.
In my view the status in this litigation of the deregistered companies and the single company under external administration must be carefully reviewed by the wife’s legal advisors. If no plans are presently afoot to apply to reinstate the deregistered companies, then the applicant should give consideration to applying for the removal of those deregistered companies from this litigation.
So far as the schedule B entities are concerned, to the extent that one or more of those schedule B entities is or are involved in a pleaded allegation, then it will be sufficient for Mr Jess Jnr to give such discovery as he has in relation to each of any schedule B entity on a pleaded issue.
So far as discovery from Ms C Jess and Mr Ban is concerned, I accept that no direct allegation has been made against each of Ms C Jess and Mr Ban, so it seems peculiar that discovery could be sought from Mr Ban and Ms C Jess having regard to there being no pleading against them.
As to the represented third parties’ overall position that there should be no disclosure until the fate of their two applications for leave to appeal are known, it seems to me that unless and until the appeal court tells me that I erred, my decision stands.
In those circumstances, disclosure must be made. If it transpires that my 27 April 2023 decision is overturned on appeal, orders can be made for disclosure in the light of the reasons given by the Full Court hearing the leave application. I do not agree that this proceeding should stop altogether until the decision of the appeal court is handed down. That decision could take many months from now and the forward progress of this case should not be suspended on that basis alone.
Ordering discovery from what are described as the Mr Jess Jnr entities calls for an assessment of corporations to which s 50AA of the Corporations Act applies. Answering that enquiry goes beyond the usual task of assessing whether a particular document is discoverable. To my mind, the complaints raised about disclosure from the Mr Jess Jnr entities have merit.
Similarly, the schedule C entities appear to have no discernible connection to this litigation.
GOING FORWARD
To my way of thinking, the most time efficient and cost effective manner of proceeding with the wife’s discovery application is to not dismiss it but to adjourn it for a period of about a month. In the intervening period –
(a)the status of the deregistered companies can be investigated, especially whether they should remain in this litigation and if so, by when application will be made for reinstatement of their registration to the register of companies and if they are not to remain in this litigation then they should be removed as parties;
(b)the relevance of discovery from the schedule B and schedule C entities can be investigated and in particular the apparent connection can be made of each of the schedule B and schedule C entities to this litigation;
(c)the application hitherto referred to Harper J but now returned to me from Harper J will proceed on 18 September.
Mr Jess Jnr will be required to give disclosure. He may not succeed on his two applications for leave to appeal. If he is successful in one or both of his applications for leave to appeal, the Full Court can structure orders that take into account the reasons it pronounces when it eventually hands down judgment on the applications for leave to appeal.
I adjourn the further heading of this proceeding to 18 September 2023.
I certify that the preceding thirty-four numbered paragraphs are a true copy of the reasons for judgment of the Honourable Justice Wilson. Associate:
Dated: 24 August 2023
ANNEXURE A
IN THE FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
AT MELBOURNE
File No (P) MLF 3444/2006
BETWEEN:
MS JESS
(Applicant Wife)
and
MR J as Legal Personal Representative of MR JESS SNR (Deceased)
(1st Respondent)
and
MR JESS JNR & ORS
(2nd to 29th Respondents - the Third Parties)
and
MR K and MR L as Trustees of the Bankrupt Estate of MR JESS SNR
(lntervenors)
APPLICANT WIFE'S PROPOSED ORDERS
Pursuant to paragraph 4 of the Orders dated 27 April 2023
FOR THE PURPOSE OF THESE ORDERS, THE FOLLOWING DEFINITIONS APPLY:
A.Mr Jess Jnr Entities refer to Mr Jess Jnr personally and to all entities controlled by Mr Jess Jnr as defined in section 50AA of the Corporations Act 2001 (Cth) in which Mr Jess Jnr is a director and/or shareholder (beneficially or otherwise) and to which payments have been made since 1 July 2006 (personally or on his behalf).
BSchedule B Entities refer to the 5th - 28th Respondents to proceedings MLF 3444 / 2006 outlined in the attached Schedule B.
C. Schedule C Entities refer to the entities outlined in the attached Schedule C.
IT IS ORDERED THAT:
DISCLOSURE
1.By 30 June 2023, the relevant Respondent/s shall provide to the Applicant Wife the discovery as required by paragraphs 2 to 7 of these orders.
2.Each of the Respondents listed in the Schedule B Entities shall provide to the Applicant Wife the following documents from 1 July 2006 to date, to the extent they have not already been provided:
(a) Signed Taxation Returns;
(b) Financial Accounts;
(c) Profit and Loss Statements;
(d) Signed Minutes of Meetings;
(e) Loan Account Ledgers,
(f) Company Registers;
(g) Signed Trust Deeds and amending Trust Deeds;
(h) Valuations of assets owned by the entity;
(i) Details of all trademarks owned by the entity;
(j)All documents relating to all changes in corporate ownership and structure including but not limited to:
i. Changes of Directors; and
ii. Changes of ownership of shares.
3.Insofar as any of the Schedule C Entities have received funds directly or indirectly from any Schedule B entity or any Schedule C entity or from the 2nd, 4th or 29th Respondents, the Second Respondent provide signed copies of the following documents from 1 July 2006 to date:
(a) Signed Taxation Returns;
(b) Financial Accounts;
(c) Profit and Loss Statements;
(d) Signed Minutes of Meetings;
(e) Loan Account Ledgers,
(f) Company Registers;
(g) Signed Trust Deeds and amending Trust Deeds;
(h) Valuations of assets owned by the entity;
(i) Details of all trademarks owned by the entity;
(j)All documents relating to all changes in corporate ownership and structure including but not limited to:
ii. Changes of Directors; and
iii. Changes of ownership of shares.
4.The Second Respondent shall provide to the Applicant Wife copies of all documents, including but not limited to authorities and discharges, that he signed and completed in order to enable Mr Jess Snr to make the payment to the Applicant Wife in accordance with Order 2 of the Orders dated 24 September 2009.
5.In respect of the Mr Jess Jnr Entities, the Second Respondent shall provide to the Applicant Wife the following documents, to the extent not already provided:
(a) Signed copies of all documents executed on 20 September 2009;
(b) Signed copies of all documents executed on 24 September 2009;
(c) Tax returns and financial statements for the period 1 July 2006 to date;
(d) For the period 1 July 2006 to date all documents relating to:
i.Receipt of income, remuneration and emoluments from any related corporate source identifying the date and amount of each receipt;
ii.Acquisition and/or disposition of real property including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of, whether the asset is currently held and copies of all valuations;
iii.Acquisition and/or disposition of real property overseas including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of whether the asset is currently held and copies of all valuations;
iv. Copies of all loan account ledgers;
v.Identification and copies of Trust Deeds, including all Deeds of Amendment, of any Trust of which that party/entity is an appointor, shareholder of a trustee company, trustee, or beneficiary;
vi. Dispositions of real property or income provided to Ms D Jess; and
vii. Dispositions of real property or income provided to Ms LL.
6.The Twenty-Ninth Respondent shall provide to the Applicant Wife copies of the following documents:
(a) Signed copies of all documents executed on 20 September 2009;
(b) Signed copies of all documents executed on 24 September 2009;
(c) Personal tax returns and financial statements for the period 1 July 2006 to date;
(d) For the period 1 July 2006 to date, all documents relating to:
i.Receipt of income, remuneration and emoluments from any corporate source or any individual identifying the date and amount of each receipt;
ii.Acquisition and/or disposition of real property including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of, whether the asset is currently held and copies of all valuations;
iii.Acquisition and/or disposition of real property overseas including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of whether the asset is currently held and copies of all valuations;
iv. Copies of all loan account ledgers; and
v.Identification and copies of Trust Deeds, including all Deeds of Amendment, of any Trust of which that individual is an appointor, shareholder of a trustee company, trustee, or beneficiary.
7.The Fourth Respondent shall provide to the Applicant Wife copies of the following documents:
(a) Signed copies of all documents executed on 20 September 2009;
(b) Signed copies of all documents executed on 24 September 2009;
(c) Personal tax returns and financial statements for the period 1 July 2006 to date;
(d) For the period 1 July 2006 to date all documents relating to:
i.Receipt of income, remuneration and emoluments from any corporate source identifying the date and amount of each receipt;
ii.Acquisition and/or disposition of real property including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of, whether the asset is currently held and copies of all valuations;
iii.Acquisition and/or disposition of real property overseas including the name of the parties, identity of the asset, consideration paid, whether such acquisition or disposition is of a legal or beneficial interest, the date the asset was acquired or disposed of whether the asset is currently held and copies of all valuations;
iv. Copies of all loan account ledgers; and
v.Identification and copies of Trust Deeds, including all Deeds of Amendment, of any Trust of which that individual is an appointer, shareholder of a trustee company, trustee, or beneficiary.
8.By 30 June 2023, the Second Respondent shall file and serve an affidavit, with supporting documentation, disclosing:
(a)In relation to the units in the Jess Retail Unit Trust following their transfer to him pursuant to the Deed of Settlement dated 20 September 2009 ("the Units"):
i.whether he remains the legal and/or beneficial owner of all, or if not, how many of the Units;
ii.for the period from 20 September 2009 to date, dealings with and/or treatment of the Units (including but not limited to transfer or disposal) at his direction or on his behalf; and
iii.in the event the Units (or any of them) have been disposed of or transferred, the details of any such disposal or transfer including any terms of sale or transfer, date of same, identity of purchaser or transferee, and consideration paid.
(b)For the period from 20 September 2009 to date, the property, income, remuneration, emoluments payments, dividends, consideration or benefits arising from the Units and/or traceable to those Units, together with the current estimated value of the Units and his
interest in the X Group of companies and his direct and indirect interests in all assets and financial resources that he controls.
TRIAL ORDERS
9.All extant applications for final orders be listed for final hearing before Justice Wilson on dates to be fixed for a period of four weeks not before July 2024.
10.By no later than 30 June 2023, the parties are to do all acts and things and sign all documents required to appoint a Single Expert to value all financial interests of the Represented Third Parties as at 30 June 2023. For the purposes of this valuation:
(a)The 2nd to 29th Respondents shall do all acts and things required to authorise and direct their accountants to prepare all applicable Financial Accounts for 30 June 2023 by no later than 30 September 2023.
(b)The parties shall direct the Single Expert to complete their Single Expert Valuation Report by no later than 31 January 2024.
11.By no later than 30 June 2023, the parties are to do all acts and things and sign all documents required to appoint AM Real Estate as the Single Expert to value all real property owned by the Applicant Wife and the Represented Third Parties. The parties shall direct the Single Expert to complete these valuations by no later than 31 January 2024.
12.By 15 March 2024 the Applicant Wife, First Respondent, 2nd to 29th Respondents and the lnterveners must file and serve:
(a)An Amended Initiating Application or Response setting out with precision the orders sought at the trial;
(b)The Affidavits of evidence in chief of all witnesses relied upon at trial (noting that affidavits for previous hearings cannot be relied upon as evidence in chief without leave); and
(c)An updated Financial Statement that complies with Part 6.1 of Chapter 6 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
13.The parties shall arrange to attend a mediation in person with a former judge, with all parties to attend the mediation and such mediation to take place prior to 30 April 2024.
14.By 14 June 2024, the Applicant Wife, First Respondent, 2nd to 29th Respondents and the lnterveners must file and serve all Affidavits in reply to any Affidavits filed pursuant to Order 12, with any Affidavit/s limited strictly to issues in Reply.
15. If any party takes reasonable objection to any evidence of the other parties:
(a)Any Objection is to be taken by no later than 28 June 2024 by service of written notice on the solicitor for the applicable party;
(b)The party so served notify the objecting party in writing no later than 5 July 2024 of which objections are the subject of agreement and which reasonably require determination.
16.The practitioners and/or the parties in the event that they are not legally represented file electronically by email to …@... and serve upon all other parties by 28 June 2024 the following:
(a)A minute setting out with precision the orders sought, if different from those sought in their most recent filed Initiating Application/Response (as amended);
(b)A list specifying the most recent filed Initiating Application/Response (as amended) and the affidavits filed pursuant to these orders to be read and, if not the whole affidavit, the relevant paragraphs relied upon;
(c)A chronology of relevant events (identifying, by reference to the affidavits, the supporting evidence);
(d)A list of the parties' respective legal and equitable interests in property, and their liabilities and financial resources, and the values or quantum thereof;
(e)A list of objections to evidence upon which rulings are reasonably required, if any;
(f)A bullet-point summary of argument in relation to the legal and factual issues in dispute, and
(g) A list of authorities.
17.All parties have liberty to approach the Associate for Justice Wilson to vary the obligations under these Orders to ensure readiness for trial.
SCHEDULE B
ENTITIES THAT ARE 5TH TO 28TH RESPONDENTS
No
Respondent
Entity
1.
Fifth Respondent
AAA PTY LTD AS TRUSTEE OF THE BBB TRUST
2.
Sixth Respondent
CCC PTY LTD AS TRUSTEE OF THE DDD UNIT TRUST
3.
Seventh Respondent
GGG PTY LTD
4.
Eighth Respondent
EEE PTY LTD
5.
Ninth Respondent
HHH PTY LTD
6.
Tenth Respondent
JJJ PTY LTD
7.
Eleventh Respondent
LLL PTY LTD
8.
Twelfth Respondent
MMM PTY LTD
9.
Thirteenth Respondent
X CORPORATION PTY LTD
10.
Fourteenth Respondent
X HOLDINGS PTY LTD
11.
Fifteenth Respondent
X INTERNATIONAL PTY LTD
12.
Sixteenth Respondent
X PROPERTIES PTY LTD
13.
Seventeenth Respondent
X PTY LTD AS TRUSTEE OF THE BOB JESS RETAIL UNIT TRUST
14.
Eighteenth Respondent
X1 PROPERTIES PTY LTD
15.
Nineteenth Respondent
NNN PTY LTD
16.
Twentieth Respondent
OOO PTY LTD
17.
Twenty-first Respondent
QQQ PTY LTD AS TRUSTEE OF THE RRR FAMILY TRUST
18.
Twenty-second Respondent
X1 PTY LTD
19.
Twenty-third Respondent
Y (NZ) LIMITED
20.
Twenty-fourth Respondent
Y (WA) PTY LTD
21.
Twenty-fifth Respondent
Y INTERNATIONAL PTY LTD
22.
Twenty-sixth Respondent
X2 PTY LTD
23.
Twenty-seventh Respondent
SSS PTY LTD AS TRUSTEE OF THE TTT INVESTMENT TRUST
24.
Twenty-eighth Respondent
VVV PTY LTD
SCHEDULE C
OTHER ENTITIES
No
Entity
ACN
1.
AN PTY LTD
…
2.
AP1 PTY LTD
…
3.
AP2 TRUST
…
4.
AQ PTY LTD
…
5.
AR PTY LTD
…
6.
AS PTY LTD
…
7.
AAA PTY LTD
…
8.
AT PTY LTD
…
9.
AU PTY LTD
…
10.
AV PTY LTD
…
11.
AW PTY LTD
…
12.
EEE HOLDINGS PTY LTD
…
13.
AX PTY LTD
…
14.
AY PTY LTD
…
15.
AZ PTY LTD
…
16.
BA1 HOLDINGS PTY LTD
…
17.
BA1 PTY LTD
…
18.
BA2 PTY LTD
…
19.
BA3 PTY LTD
…
20.
Y PROPERTIES PTY LTD
…
21.
Y (COUNTRY BC) PTY LTD
…
22.
X3 HOLDINGS PTY LTD
…
23.
X MARKETING PTY LTD
…
24.
X4 (VIC) PTY LTD
…
25.
OOO2 PTY LTD
…
26.
BC PTY LTD
…
27.
BD1 PTY LTD
…
28.
BD2 PTY LTD
…
29.
III PTY LTD
…
30.
BD3 PTY LTD
…
31.
BE2 PTY LTD
…
32.
BE1 PTY LTD
…
33.
BF PTY LTD
…
34.
BG GROUP PTY LTD
…
35.
BH PTY LTD
…
36.
BK1 PTY LTD
…
37.
BK2 HOLDING PTY LTD
…
38.
BK2 PTY LTD
…
39.
JESS SUPERANNUATION PTY LTD
…
40.
BL PTY LTD
…
41.
BM PTY LTD
…
42.
BN1 PTY LTD
…
43.
BN1 PTY LTD
…
44.
BN1 DEVELOPMENT 1 PTY LTD
…
45.
BN1 DEVELOPMENT 2 PTY LTD
…
46.
BN1 DEVELOPMENT 3 PTY LTD
…
47.
BN1 DEVELOPMENT 4 PTY LTD
…
48.
BN2 DEVELOPMENT PTYLTD
…
49.
BN2 MANAGEMENT PTY LTD
…
50.
BP HOLDINGS PTY LTD
…
51.
BP PTY LTD
…
52.
BQ1 HOLDINGS PTY LTD
…
53.
BQ1 PTY LTD
…
54.
BQ2 HOLDINGS PTY LTD
…
55.
BQ2 PTY LTD
…
56.
BR PTY LTD
…
57.
BS PTY LTD
…
58.
BT PTY LTD
…
59.
BU HOLDINGS PTY LTD
…
60.
BU PTY LTD
…
61.
BV PTY LTD
…
62.
BW HOLDING PTY LTD
…
63.
BX PTY LTD
…
64.
BY PTY LTD
…
65.
BZ PTY LTD
…
66.
CA1 PTY LTD
…
67.
CA2 PTY LTD
…
68.
CB PTY LTD
…
69.
CD1 PTY LTD
…
70.
CD2 PTY LTD
…
71.
CE HOLDINGS PTY LTD
…
72.
CF HOLDINGS PTY LTD
…
73.
CF PTY LTD
…
74.
RRR PTY LTD
…
75.
CG PTY LTD
…
76.
CH HOLDINGS PTY LTD
…
77.
CH PTY LTD
…
78.
CJ PTY LTD
…
SCHEDULE OF 2ND TO 29TH RESPONDENTS
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 TRADING PTY LTD
Fifteenth Respondent
X PROPERTIES PTY LTD
Sixteenth Respondent
X PTY LTD AS TRUSTEE OF THE JESS RETAIL UNIT TRUST
Seventeenth Respondent
X1 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
X1 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
X2 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
Twenty-ninth Respondent
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