Ledarn and Ledarn (No 2)

[2015] FamCA 895

FAMILY COURT OF AUSTRALIA

LEDARN & LEDARN (NO 2) [2015] FamCA 895

FAMILY LAW – ENFORCEMENT – Subsequent to final orders for property settlement, wife failed to comply and husband sought enforcement orders which included “cascading” orders which if all were implemented, may result in the major business corporate entity being liquidated – Enforcement of orders (and the alteration of extant enforcement provisions) are discretionary – In the exercise of that discretion, the Court declined to make the orders. 

Corporations Act 2001 (Cth)
Family Law Act 1975 (Cth)

Catombal Investments Pty Ltd [2012] NSWSC 75
Ramsay (No 2) (1983) 8 Fam LR 1005

APPLICANT: Mr Ledarn

RESPONDENT: Ms Ledarn

FILE NUMBER: MLC 6423 of 2010

DATE DELIVERED: 23 October 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 29 September, 7, 8 October 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Mawson Qc With Mr O'Shannessy

SOLICITOR FOR THE APPLICANT: Aughtersons

COUNSEL FOR THE RESPONDENT: Mr Fildes

SOLICITOR FOR THE RESPONDENT: Aughtersons

Orders

1. That save as to issues of costs, the husband’s application for enforcement filed on 15 July 2015 is dismissed.

2. That save as to issues of costs, the response by the wife (filed 29 July 2015) to the husband’s application is dismissed.

3. Should any order for costs by either party be sought, it be done so by written submission filed and served no later than 4 pm on 6 November 2015 and any reply thereto be filed and served by no later than 4 pm on 20 November 2015 and the determination of any such applications be made in chambers.

4. It is certified that it was appropriate for the parties to be represented by counsel including senior counsel and two counsel.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ledarn & Ledarn (No 2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 6423  of 2010

Mr Ledarn

Applicant

And

Ms Ledarn

Respondent

REASONS FOR JUDGMENT

1. Mr Ledarn seeks to enforce complex property orders made almost a year ago. 

2. Ms Ledarn sought orders that the husband’s application be dismissed but then sought an order under s 79A of the Family Law Act 1975 (Cth) (“the Act”) that a number of orders made on 17 October 2014 (the orders the husband seeks to enforce) to be set aside or varied. She then set out a long set of proposed orders. When the matters were litigated on 8 October 2015, the s 79A application was not argued and I consider it abandoned.

3. In respect of the October 2014 orders, the wife concedes she has not complied but asks that the Court’s discretion be exercised in her favour on the basis that to do what the husband wants is what her counsel described as “draconian”.  She says the husband will get his entitlements.

4. When these respective applications were initially before the Court on…