FAMILY COURT OF AUSTRALIA
| JOUBERT AND ANOR & VERHOEVEN AND ANOR | [2020] FamCA 53 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife joined a company and the husband’s brother to the substantive proceedings as the Second and Third Respondents – Where the Second and Third Respondents seek that the proceedings be bifurcated to determine the issue of whether the husband is a beneficial owner of any ordinary shares in the Second Respondent – Where this issue had already been adjudicated by a Judge in the Family Court of Australia – Where the Second and Third Respondents allege that there was a material difference in the case put before the Court in the previous interim hearing –Where the wife argues that the application is an abuse of process – Principle of finality discussed – Whether the application should alternatively be dismissed in the exercise of discretion – Application dismissed. |
| Family Law Act 1975 (Cth) ss 79, 90AE Uniform Civil Procedure Rules 2005 (NSW) |
| Batistatos v Roads and Traffic Authority of New South Wales [2006] HCA 27; 226 CLR 256 Brimaud v Honeysett Instant Print (1988) 217 ALR 44 Farina & Lofts and Ors [2018] FamCA 763 Ghosh v NineMSN Pty Ltd [2015] NSWCA 334 Harrison Partners Construction Pty Ltd v Jevena Pty Ltd [2005] NSWSC 1225 Jess & Garvey (2018) FLC 93-827 Joubert and Anor & Verhoeven and Anor [2018] FamCA 879 Liu v The Age Company Limited [2016] NSWCA 115 Malcher & Malcher (No. 2) [2012] FamCA 1115 Paris King Investments Pty Ltd & 1 ors v Michael Norman Rayhill & 2 ors [2006] NSWSC 578 P Dawson Nominees Pty Ltd v Australian Securities and Investments Commission (No 2) [2009] FCA 413; (2009) 255 ALR 466 Southwell v Bennett [2010] NSWSC 1372 Tomlinson v Ramsey Food Processing Pty Limited (2015-16) 256 CLR 507 |
| APPLICANTS: | Mr C Joubert & B Pty Ltd |
| FIRST RESPONDENT: | Ms Verhoeven |
| SECOND RESPONDENT: | Mr A Joubert |
| FILE NUMBER: | SYC | 4981 | of | 2016 |
| DATE DELIVERED: | 14 February 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Harper J |
| HEARING DATE: | 29 November 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANTS: | Mr Schonell SC |
| SOLICITOR FOR THE APPLICANTS: | Blanchfield Nicholls |
| COUNSELS FOR THE FIRST RESPONDENT: | Mr Condon SC Ms Gerace |
| SOLICITOR FOR THE FIRST RESPONDENT: | Somerset Ryckmans |
COUNSEL FOR THE SECOND RESPONDENT: | Mr Kearney SC |
| SOLICITOR FOR THE SECOND RESPONDENT: | Holmes Donnelly & Co Solicitors |
Orders
The Application in a Case filed by Mr C and B Pty Ltd on 28 August 2019 be dismissed.
All extant applications be adjourned to 10 March 2020 at 10:45am for mention before the Docket Registrar.
If any party seeks an order for costs, an appropriate application to the Court may be made within 28 days of today’s date (supported by any documentary material) to be filed and served within that time period and a copy forwarded to my Chambers. If no such application is made within the time period specified,…
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- Case
- [2020] FamCA 53
- Decision Date
CaseChat Overview and Summary
The central legal issue before Harper J was whether to grant the application made by Mr C and B Pty Ltd. The Court also considered the disposition of other extant applications and the question of costs.
Harper J dismissed the application brought by Mr C and B Pty Ltd. The Court ordered that all other extant applications be adjourned for mention before the Docket Registrar on 10 March 2020. Regarding costs, the Court stipulated that any party seeking an order for costs must make an application within 28 days of the decision, supported by documentary material, and filed and served within that timeframe. If no such application were made, no order as to costs would be made.
Orders
Orders of the court
1.
The Application in a Case filed by Mr C and B Pty Ltd on 28 August 2019 be dismissed.
2.
All extant applications be adjourned to 10 March 2020 at 10:45am for mention before the Docket Registrar.
3.
If any party seeks an order for costs, an appropriate application to the Court may be made within 28 days of today’s date (supported by any documentary material) to be filed and served within that time period and a copy forwarded to my Chambers. If no such application is made within the time period specified, no order will be made as to costs.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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