Kalla & Kalla (No. 3)

[2021] FamCA 196

FAMILY COURT OF AUSTRALIA

Kalla & Kalla (No. 3) [2021] FamCA 196

File number(s):	SYC 2434 of 2019
Judgment of:	HARPER J
Date of judgment:	29 March 2021
Catchwords:	FAMILY LAW – PROPERTY – where there is a large asset pool of approximately four million dollars – where the superannuation fund reaches preservation stage shortly – where the wife seeks ex parte orders to preserve the asset pool – where the wife offers an undertaking as to damages – order made.
Legislation:	Family Law Act 1975 (Cth)
Number of paragraphs:	5
Date of hearing:	29 March 2021
Place:	Sydney
Solicitor for the Applicant:	Mr Thompson

ORDERS

SYC 2434 of 2019

BETWEEN:

MS KALLA

Applicant

AND:

MR KALLA

Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	29 MARCH 2021

THE COURT ORDERS THAT:

1.The Applicant Wife serve her Application in a Case filed 17 February 2021, her affidavit in support sworn 16 February 2021, and a copy of the letter to the Court dated 17 February 2021 (marked as "Exhibit A") upon the Respondent Husband by no later than 12.00 pm on 1 April 2021.

2.The Respondent Husband file and serve any Response to the Application in a Case and affidavit in support by no later than close of registry filing on 16 April 2021.

3.The proceedings be stood over to 10.00 am on 20 April 2021 for mention.

4.Pending further order, upon the Applicant Wife proffering the usual Undertaking as to Damages, the Respondent Husband be restrained from taking any steps or otherwise causing any withdrawal, reduction or roll over of his member entitlements in the following superannuation funds;

a.   Super Fund 2 Member Number …;

b.   Super Fund 3 Member Number …;

c.   Super Fund 4 Account Number …; and

d.   Super Fund 5 Member Number ….

5.The Applicant Wife forthwith serve a copy of these orders upon the Trustee of each superannuation fund referred to in Order 4, and such service will be deemed as notice of these Orders on each of the Trustees.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

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

EX TEMPORE REASONS FOR JUDGMENT

HARPER J:

1. The wife makes urgent application for ex parte injunctive relief pursuant to an Application in a Case which was filed on 29 March 2021.  The wife’s orders, in summary, seek restraint upon the husband taking any steps to deal with his member entitlements in four superannuation funds. 

2. The wife relies upon an affidavit sworn 16 February 2021.  That affidavit details a range of non-compliances by the husband with court orders made in these proceedings in the past, together with evidence, which, if correct, would demonstrate that the husband has dissipated parts of the available asset pool in the past.

3. According to the evidence of the wife, there are presently available assets totalling in excess of $4,500,000; and, on her case, she would retain approximately $1,400,000 in assets.  The urgency in the matter is said to arise because the husband's member entitlements in the relevant superannuation funds will alter to the preservation stage on 2 May 2021, at which point the wife has expressed a strong apprehension that the husband may take steps to place available funds out of her reach.  She also contends that if orders are not made on an ex parte basis, he may take steps to do this between 29 March 2021 and whenever the matter returns to Court.

4. The wife also proffers an undertaking as to damages, which, as I have already pointed out, would be supported by assets to a value no less than $1,400,000, according to her case on a final basis. 

5. I am satisfied that orders should be made ex parte on an interlocutory basis for a short time with the wife to provide the usual undertaking as to damages. 

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Harper.

Associate:

Dated:       29 March 2021