Keene and Scofield and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

KEENE & SCOFIELD & ANOR [2013] FCCA 540

Catchwords:
FAMILY LAW – Principal proceedings concerned with existence or otherwise of a de facto relationship between the parties – applicant seeks to join third party creditor as a party to the proceedings – or in the alternative for grant of non suit injunction restraining third party from pursing proceedings in the District Court to recoup debts – whether injunction reasonably necessary to effect any division of property between the principal parties concerned – no declaration as yet made regarding existence of de facto relationship – matters to be considered – costs – what is just – application wholly unsuccessful – order for costs made.

Legislation:  

Family Law Act1975 ss.4A; 4AA; 90AF; 90RD; 90SB; 90SM; 90SK; 90SS; 90TA; 114(2)(a); 117(1); 117(2)
Corporations Act2001: ss.9; 515 and 527
Acts Interpretation Act 1901 (Cth) s.15AB

Keene & Scofield [2012] FMCAfam 28
Keene & Scofield (No.2) [2012] FMCAfam 1357
Jonah v White (2012) 45 Fam LR 460
Ascot Investments Pty Ltd v Harper & Harper (1981) FLC 91-000
McCarney & McCarney (1977) FLC 90-200
Esmore & Esmore (1979) FLC 90-711

Applicant: MR KEENE

First Respondent: MS SCOFIELD

Second Respondent: MR S AS LIQUIDATOR OF [T] PTY LTD (IN LIQUIDATION)

File Number: ADC 983 of 2011

Judgment of: Judge Brown

Hearing date: 24 May 2013

Date of Last Submission: 24 May 2013

Delivered at: Adelaide

Delivered on: 14 June 2013

REPRESENTATION

Counsel for the Applicant: In person

Counsel for the First Respondent: No appearance

Counsel for the Second Respondent: Mr Vlahos

Solicitors for the Second Respondent: Sheahan Lock Partners

ORDERS

1. The application filed by Mr Keene on 22 April 2013 is dismissed.

2. The applicant pay the second respondent’s costs fixed in the sum of two thousand dollars ($2,000.00).

IT IS NOTED that publication of this judgment under the pseudonym Keene & Scofield & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT OF AUSTRALIA

AT ADELAIDE

ADC 983 of 2011

MR KEENE

Applicant

And

MS SCOFIELD

First Respondent

And

MR S AS LIQUIDATOR OF [T] PTY LTD (IN LIQUIDATION)

Second Respondent

REASONS FOR JUDGMENT

(As Corrected)

Introduction

1. These proceedings arise by way of an application in a case filed on 22 April 2013.  The effective respondent to the application is Mr S, who is the liquidator of [T] Pty Ltd.  Mr Keene is the sole shareholder and director of [T] and is, to all intents and purposes, its alter ego. 

2. Mr Keene has been involved in protracted litigation, in this court, with Ms Scofield, which arises pursuant to the provisions of Part VIIIAB of the Family Law Act, which deals with financial matter relating to de facto relationships.

3. Mr Keene wishes to join Mr S as a party to the proceedings between him and Ms Scofield and, as a consequence of that, Mr S be restrained from taking any steps to recover debts alleged to be owed by Mr Keene to…