JUONG & ZANG

[2014] FamCA 783

FAMILY COURT OF AUSTRALIA

JUONG & ZANG [2014] FamCA 783

FAMILY LAW – PRACTICE AND PROCEDURE – Application for stay of final property orders pending determination of appeal – where that application was dismissed.

Family Law Act 1975 (Cth)

Jackson & Balen [2009] FamCAFC 131
Weir & Weir [1993] FLC 92-338

APPLICANT: Ms Juong

RESPONDENT: Mr Zang

FILE NUMBER: SYC 4444 of 2012

DATE DELIVERED: 5 September 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 5 September 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Litigant in person

SOLICITOR FOR THE RESPONDENT: Zhang Shijing Lawyers

Orders

1. The wife’s Application in a Case filed 19 August 2014 be dismissed.

2. Pursuant to the slip rule, order 6.5 made 23 July 2014 be amended to omit the words “paragraph 5.1” where it occurs on two occasions and to replace it with the words “paragraph 6.1”.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Juong & Zang has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 444 of 2012

Ms Juong

Applicant

And

Mr Zang

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. On 23 July 2014 final orders were made for a division of property of the parties.  In essence, those orders required that moneys held by St George Bank at Suburb M in the name of a company, B Pty Limited, be made available for distribution so that the husband’s trustee in bankruptcy received an amount to discharge the husband’s bankruptcy; school fees were paid for the elder child to enable him to complete his final year of high school; the wife’s tax bill was paid; the wife was paid child support arrears and any remaining balance was divided evenly between the parties. 

2. The other major asset, which was the husband’s one quarter interest in a property in City C, was not the subject of any order.  This was because the wife had taken her own independent action in China in relation to that property, and she retained whatever rights of appeal that she had in relation to the orders made in the Chinese Court.  Otherwise, the parties were to retain and be responsible for assets and liabilities in their own names and possession. 

3. The lawyer for the husband has informed me today that he has received the moneys from the St George Bank at Suburb M, and holds them currently in trust and has not yet distributed them pursuant to the orders.  By way of an Application in a Case filed on 19 August 2014, the wife has sought that the orders made on 23 July 2014 be stayed.  The wife has filed a notice of appeal on 18 August 2014.  The grounds of appeal are as follows:

   1. The orders under the Family Law Act s 106B that the appellant ex-husband was not in fact a bankrupt. It is proven [the husband] lied under…