Kusno and Kusno

[2018] FamCA 63

FAMILY COURT OF AUSTRALIA

KUSNO & KUSNO [2018] FamCA 63

FAMILY LAW – PROPERTY – Interim Application – Consideration of applicable principles – Consideration of contribution issues – Where insufficient evidence has been adduced by the parties for an assessment of the parties’ assets and liabilities and contributions to be made – Where there is a conflict in the evidence that is not capable of resolution at interim hearing – The wife’s Application in a Case and the husband’s Response dismissed - Where it is not appropriate to make an order for costs.

Family Law Act 1975 (Cth) ss 75(2), 79
Family Law Rules 2004 (Cth) r 15.06

Harris & Harris (1993) FLC 92-378
Strahan & Strahan [2009] FamCAFC 166

APPLICANT: Ms Kusno

RESPONDENT: Mr Kusno

FILE NUMBER: PAC 5051 of 2016

DATE DELIVERED: 9 February 2018

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 11 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Dura

SOLICITOR FOR THE APPLICANT: David Legal

SOLICITOR FOR THE RESPONDENT: Mr Bryett of A R Walmsley & Co

Orders

1. The Applicant Wife’s Application in a Case filed 28 July 2017 is dismissed.

2. The Respondent Husband’s Response to an Application in a Case filed 9 August 2017 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 Kusno & Kusno 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 PARRAMATTA

FILE NUMBER: PAC 5051  of 2016

Ms Kusno

Applicant

And

Mr Kusno

Respondent

REASONS FOR JUDGMENT

1. The current matter for determination arises from the wife’s Application in a Case filed 28 July 2017 seeking interim orders as to property settlement pursuant to s 79 of the Family Law Act 1975 (Cth) (“the Act”).

2. For the purposes of her application the wife relied upon the following documents:

   (1)her Application a Case filed 28 July 2017;

   (2)the affidavit of Fred David, solicitor filed 28 July 2017;

   (3)the further affidavit of Fred David, solicitor filed 23 November 2017;

   (4)the affidavit of Mr B, solicitor filed 8 December 2017.

3. The husband filed his Response to the wife’s Application in a Case on 9 August 2017 and relied upon the following documents:

   (1)his Response to the Application in a Case filed 9 August 2017;

   (2)his affidavit filed 9 August 2017;

   (3)his further affidavit filed 8 December 2017.

4. Both parties made reference to affidavits filed in earlier completed interim proceedings. Rule 15.06 of the Family Law Rules 2004 (Cth) (“the Rules”) states that “an affidavit filed with an application may be relied…