Lancer & Lancer

[2008] FamCAFC 112

FAMILY COURT OF AUSTRALIA

LANCER & LANCER [2008] FamCAFC 112

FAMILY LAW - APPEAL – Leave to appeal – From decision of Family Court Judge – Parties obtained orders by consent altering property interests between them – An asset taken into account (owned by a trust entity) was a parcel of shares valued at $8 million – Orders provided that wife retain some fully paid ordinary shares at the value of $980,990 – The wife filed an application pursuant to section 79A of the Family Law Act 1975 (Cth) to vary one of the consent orders to the effect that she receive a further payment of some $4 million from the husband – Wife alleged suppression of evidence – Application before trial Judge – Issue for determination was whether the question of whether there had been a suppression of evidence should or should not be dealt with as a preliminary and separate issue – Trial Judge ordered that a separate hearing take place as to whether the threshold issue of section 79A(1)(a) was satisfied – No merits in application – Application dismissed

Family Law Act 1975 (Cth) s 79A, s 79A(1)(a)

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170
Oastler v Oastler (1993) FLC 92-390
Patching v Patching (1995) FLC 92-585
The State of Queensland & Anor v J L Holdings Pty Ltd (1996)189 CLR 146

APPELLANT: MS LANCER

RESPONDENT: MR LANCER

APPEAL NUMBER: WA 10L of 2008

FILE NUMBER: PTW 6197 of 2003

DATE DELIVERED: 17 July 2008

PLACE DELIVERED: Perth

PLACE HEARD: Perth

JUDGMENT OF: Bryant CJ, Warnick and Thackray JJ

HEARING DATE: 17 July 2008

LOWER COURT JURISDICTION: Family Court of Western Australia

LOWER COURT JUDGMENT DATE: 7 March 2008

LOWER COURT MNC: [2008] FCWA 29

REPRESENTATION

COUNSEL FOR THE APPELLANT: Mr Rynne

SOLICITOR FOR THE APPELLANT: Carr & Co Barristers & Solicitors

COUNSEL FOR THE RESPONDENT: Mr McCusker QC

SOLICITOR FOR THE RESPONDENT: Butlers Barristers & Solicitors

Orders

1. That the application for leave to appeal filed 12 March 2008 be dismissed.

2. That the appellant pay the respondent’s costs, to be agreed or in default of agreement as assessed by the Court.

IT IS CERTIFIED:-

1. That this is a matter appropriate for the attendance of senior counsel.

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

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT PERTH

Appeal Number: WA10L of 2008
File Number: PTW6197 of 2003

MS LANCER

Appellant

And

MR LANCER

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. WARNICK J:  On 6 December 2005, Mr and Mrs Lancer obtained orders by consent altering property interests between them.  An asset taken into account, owned by an entity known as the Lancer Trust, was a parcel of some 85,000, approximately, ordinary shares in B Financial Services Ltd, valued by the accounting firm X in April 2005 at $8 million.  The orders provided…