FAMILY COURT OF AUSTRALIA
| KENDRICK & BARNWELL | [2019] FamCA 603 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Where final judgment is reserved – Where an application is made to re-open property proceedings – Where the husband sold a property owned by him that was included in the property interests of the parties and the sale price is greater than that attributed to it in the joint balance sheet of the parties at the end of the trial – Where the interests of justice will not be better served by granting leave to re-open the case – Where the application is dismissed and no order is made for costs. |
| Income Assessment Act 1997 (Cth) |
| EB v CT (No. 2) [2008] QSC 306 Rennie & Rennie [2017] FamCA 329 Smith v NSW Bar Association (1992) 176 CLR 256; Summitt & Summitt and Ors (Re-opening) [2009] FamCA 365 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 |
| APPLICANT: | Mr Kendrick |
| RESPONDENT: | Ms Barnwell |
| FILE NUMBER: | BRC | 2650 | of | 2016 |
| DATE DELIVERED: | 28 August 2019 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Forrest J |
| HEARING DATE: | 22 August 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Kirk QC |
| SOLICITOR FOR THE APPLICANT: | Hirst & Co Family Lawyers |
| COUNSEL FOR THE RESPONDENT: | Dr Brasch QC |
| SOLICITOR FOR THE RESPONDENT: | O’Reilly & Sochacki Lawyers |
Orders
That the Application in a Case filed on 23 July 2019 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Kendrick & Barnwell has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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 r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: BRC 2650 of 2016
| Mr Kendrick |
Applicant
And
| Ms Barnwell |
Respondent
REASONS FOR JUDGMENT
A trial of a contested application for property adjustment Orders between two parties who were formerly in a de facto relationship took place in this Court over four days in mid-April 2018. Because it did not finish in the four days originally allocated for its hearing, it was adjourned part-heard to conclude over two days in late November 2018. Even then, it did not conclude in those two days, with oral submissions being heard on 5 December 2018. Judgment was reserved at the end of that trial.
On 23 July 2019, whilst judgment remained reserved, the Respondent (who I shall, for simplicity of understanding, call “the wife”) to the original application filed an Application in a Case seeking to re-open the proceedings and leave to adduce further evidence in the proceedings.
That application was heard by me on Thursday, 22 August 2019.
The…
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- AGLC
- Kendrick and Barnwell [2019] FamCA 603
- Case
- [2019] FamCA 603
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was the determination of the application filed by the applicant on 23 July 2019. The Court was tasked with deciding whether to grant or dismiss this application.
Forrest J dismissed the application. The reasoning behind this dismissal is not elaborated upon in the provided text, nor are the specific legal principles that informed the Court's decision.
The Court ordered that the Application in a Case filed on 23 July 2019 is dismissed.
Orders
Orders of the court
1.
That the Application in a Case filed on 23 July 2019 is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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