FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jingyi & Chao (No 2) [2023] FedCFamC1F 700
File number: SYC 3653 of 2021 Judgment of: AUSTIN J Date of judgment: 22 August 2023 Catchwords: FAMILY LAW – PROPERTY – Contempt – Where the wife alleged the husband wilfully breached several sets of interim orders – Where the wife prosecuted 15 separate counts – Where 10 counts related to interim property orders previously made restraining a corporation by injunction from dealing with numerous parcels of real estate and the proceeds realised on the sales of such property – Where the husband is a director of the third respondent – Where the husband was not personally bound by the injunctions – Where it would have been an abuse of process for the wife to prosecute the husband on these counts as pleaded – Where interim property orders were previously made restraining all respondents by injunction from encumbering five parcels of real property – Where the third respondent corporation executed a mortgage with a third party which was secured by caveat over one of the subject properties – Where the wife conceded there was no evidence to prove the husband executed the mortgage on behalf of the third respondent – Where previous interim property orders directed the husband to provide the wife with a loan account statement for one property and documents pertinent to the sale of another property – Where the wife conceded the husband had partly complied with the order, even though belatedly – Where the wife failed to prove the breach amounted to a wilful and flagrant challenge to the Court’s authority – Where the husband was previously ordered to pay the wife’s costs in a fixed sum – Where a costs order was made in the husband’s favour against the wife by the Supreme Court of NSW – Where the husband does not want to pay the wife money which he only then has to recover from her – Where this count is defective in form and lacks substance – Applicant-Contempt dismissed – Costs reserved. Legislation: Family Law Act 1975 (Cth) Pt VIII, s 112AP
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 67, 68, 69
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.09 and r 11.71
Cases cited: Aon Risk Services Aust Ltd v ANU (2009) 239 CLR 175; [2009] HCA 27
Carlson & Carlson [2020] FamCA 108
Chamberlain v The Queen (No.2) (1984) 153 CLR 521; [1984] HCA 7
Inghams Enterprises Pty Ltd & Anor v Timania Pty Ltd & Anor (2005) 221 ALR 823; [2005] FCAFC 155
Jorgensen v Fair Work Ombudsman (2019) 371 ALR 426; [2019] FCAFC 113
Lahoud v Lahoud [2012] NSWSC 284
Mahaffy v Mahaffy (2018) 97 NSWLR 119; [2018] NSWCA 42
Division: Division…
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- AGLC
- Jingyi & Chao (No 2) [2023] FedCFamC1F 700
- Case
- [2023] FedCFamC1F 700
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the wife had established a prima facie case for each count of contempt and whether the husband's conduct constituted a breach of the court's orders. The court needed to determine the admissibility and weight of the evidence presented by both parties and apply the principles of contempt in family law proceedings. The court was also required to assess whether the husband's actions were deliberate, willful, or in disregard of the court's authority.
The court dismissed several counts as the wife did not establish a prima facie case. The husband successfully argued there was no case to answer for one count due to lack of evidence. The remaining counts were dismissed because the court could not find that the husband's actions were proven beyond reasonable doubt. The court considered the evidence and found it insufficient to establish contempt. The husband's conduct was not found to be deliberate or in willful disregard of the court's authority.
The court dismissed the remaining counts of contempt and made orders accordingly. Counts 1, 3, 4, 5, 6, 7, 8, 9, 10, and 11 were dismissed as an abuse of process. Count 12 was dismissed for lack of evidence. Count 14 was withdrawn by the wife. The remaining counts (Counts 2, 13, and 15) were dismissed as the court could not find the husband's actions were proven beyond reasonable doubt.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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