Klearchos and Klearchos and Ors (No 2)

[2016] FamCA 984

FAMILY COURT OF AUSTRALIA

KLEARCHOS & KLEARCHOS AND ORS (NO 2) [2016] FamCA 984

FAMILY LAW – PRACTICE AND PROCEDURE – Application for relief in relation to requests for answers to specific questions – Application granted – Time to file evidence in chief extended

APPLICANT: Mr Klearchos

RESPONDENT: Ms Klearchos

SECOND RESPONDENT: E Pty Limited

THIRD RESPONDENT: Q Pty Limited

FOURTH RESPONDENT: R Pty Limited

FIFTH RESPONDENT: H Limited

FILE NUMBER: SYC 2977 of 2013

DATE DELIVERED: 10 November 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Loughnan J

HEARING DATE: 10 November 2016

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Cummings SC with Mr Sweeney

SOLICITOR FOR THE APPLICANT: Lander & Rogers

COUNSEL FOR THE RESPONDENT: Mr Lloyd SC

SOLICITOR FOR THE RESPONDENT: Barkus Doolan

COUNSEL FOR THE SECOND, THIRD AND FOURTH RESPONDENTS: Mr Wheelhouse SC

SOLICITOR FOR THE SECOND, THIRD AND FOURTH RESPONDENTS: Rockwell Olivier

COUNSEL FOR THE FIFTH RESPONDENT: Mr O’Brien

SOLICITOR FOR THE FIFTH RESPONDENT: Peters Linette Lawyers

Orders

1. An order be made in terms of paragraph 2 contained in the Response to an Application in a Case filed on behalf of the Fifth Respondent on 9 November 2016, as set out hereunder:

2.     That questions numbered 7, 8, 9, 10, 13, 14, 15, 16, 26 and 27 in the specific questions directed to H Ltd by the wife pursuant to orders dated 24 May 2016 be set aside.

1. The time in which the parties are to file the evidence in chief, which is Order 11 of 24 May 2016, is extended to the close of business on 16 November 2016.

1. The time by which the husband and the second, third, fourth and fifth respondents are to respond to a Request For Answers To Specific Questions administered by letter on 7 October 2016 is extended to 4.00 pm on 14 November 2016 and note that in relation to each request those parties are to provide such answers as they are able by that date and time.

1. Not later than 4.00 pm on 18 November 2016 the wife provide to the solicitors for the husband answers to the questions posed in a letter from the solicitors for the husband to the solicitors for the wife dated 7 May 2015 save in relation to paragraph 3.

1. Not later than 4.00 pm on 18 November 2016 each of the parties provide to all the solicitors for all of the other parties a list of the documents proposed to be tendered in each parties’ case. In addition, the wife shall identify in her list, any document required by paragraph 2 of the letter dated 7 May 2015.

1. By 10.00 am on 28 November 2016 the advocates for the parties settle a draft trial plan addressing the management of the trial and the plan is to contemplate the completion of all evidence and oral submissions by 4.00 pm on the last day of the trial.

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 Klearchos & Klearchos and Ors (No 2) 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 SYDNEY

FILE NUMBER:  SYC2977 of 2013

Mr Klearchos

Applicant

And

Ms Klearchos

Respondent

And

E Pty Limited

Second Respondent

And

Q Pty Limited

Third Respondent

And

R Pty Limited

Fourth Respondent

And

H Limited

Fifth Respondent

REASONS FOR JUDGMENT

1. These are proceedings that have been fixed for hearing over 10 days starting on 28 November 2016.  The husband has filed an application for relief in relation to requests for answers to specific questions.  There have been some discussions today about what changes could be made into the trial directions made on 24 May 2016.  As a result I will extend the time within which the parties are to file the evidence-in-chief, which is order 11 of 24 May 2016, to the close of business on 16 November 2016.

2. The time by which the husband and the second, third and fourth respondents and the fifth respondent are to respond to a request for answers to specific questions - administered by letter on 7 October 2016 - to 4.00 pm on 14 November 2016. In each case those parties are to provide such answers as they are able by that date and time. 

3. By not later than 4.00 pm on 18 November 2016 each of the parties is to provide to the solicitors for all other parties – a list of the documents proposed to be tendered in those parties’ cases. The advocates are to settle a draft trial plan.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Loughnan delivered on 10 November 2016.

Associate: 

Date:  18 November 2016