FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Linford & Ennis [2024] FedCFamC2F 68
File number: HBC 899 of 2022 Judgment of: HER HONOUR JUDGE C.E. KIRTON KC Date of judgment: 25 January 2024 Catchwords: FAMILY LAW – Registrar review – Application for review of orders made by a Senior Judicial Registrar for the payment of money into solicitors’ trust account pending final hearing and for the provision of business records – whether Applicant attempting to have a ‘second grab’ hearing – minor amendments to Senior Judicial Registrar’s Orders due to Respondent changing solicitors – Review Application dismissed Legislation: Family Law Act 1975 (Cth) ss 114(2A) and 117
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 254 and 256
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) pt 14.3
Cases cited: Accardi & Russo [2022] FedCFamC1F 253
Farr & Farr [1976] FamCA 72; (1976) FLC 90-133
Hopkins & Elliott (No 3) [2023] FedCFamC1F 531
Lawson & Glenning [2021] FedCFamC2F 118
Newman & Tate [2020] FamCA 1114
Noble Earth Technologies Pty Ltd v Hampic Pty Ltd trading as Cyndan Chemicals [2012] NSWSC 935
Nowell & Nowell [2021] FedCFamC2F 170
Sieling & Sieling [1979] FamCA 23; (1979) 35 FLR 458
Tsiang & Wu [2019] FamCAFC 128
Division: Division 2 Family Law Number of paragraphs: 144 Date of last submissions: 10 November 2023 Date of hearing: 10 November 2023 Place: Melbourne (by videoconference) The Applicant: Appeared in person Counsel for the Respondent: Mr Tresize Solicitor for the Respondent: JC Legal Group ORDERS
HBC 899 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR LINFORD
Applicant
AND: MS ENNIS
Respondent
ORDER MADE BY:
HER HONOUR JUDGE C.E. KIRTON KC
DATE OF ORDER:
25 JANUARY 2024
THE COURT ORDERS THAT:
1.Order 9 of the Orders of a Senior Judicial Registrar made on 7 September 2023 (Registrar’s Orders) be amended to read as follows:
(a)To pay any balance thereafter to the Trust account of JC Legal Group to be held on Trust pending a written agreement of the parties or order of a Court of competent jurisdiction.
2.Order 10 of the Registrar’s Orders be amended to read as follows:
(a)THAT the Respondent forthwith, and no later than 7 days from the date of these Orders, arrange to deposit the amount of $27,000 into the Trust account of JC Legal Group with such monies thereafter to be held in that Trust account and released only in accordance with any written agreement by the parties or pursuant to an Order of a Court of competent jurisdiction.
3.Subject to Orders 5 to 7 herein the Application for Review, filed by the Applicant Mr Linford (Applicant) on 18 September 2023 (Application for Review) and the Response to an Application in a Proceeding, filed by the Respondent Ms Ennis (Respondent) on 9 November 2023 are dismissed.
4.The Interim Orders made by Judge C. E. Kirton KC on 11 December…
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CaseChat Overview and Summary
The court was required to determine whether the Applicant was attempting to have a 'second grab' hearing and whether there was a valid basis for the amendments due to the Respondent changing solicitors. The court examined the procedural fairness and the necessity of the amendments in light of the Respondent's change of solicitors. It also considered whether the Application for Review was an attempt to undermine the Registrar’s decisions.
The court found that the minor amendments to the Registrar’s orders were justified due to the Respondent changing solicitors. It dismissed the Application for Review as the Applicant was not entitled to a 'second grab' hearing. The court also noted that the orders of the Registrar, with the specified amendments, would remain in full force and effect.
The court ordered that the Respondent arrange to deposit $27,000 into the trust account of her new solicitors, JC Legal Group, within seven days. The court further dismissed the Application for Review and the Response to an Application in a Proceeding, discharged the interim orders made by Judge C. E. Kirton KC, and provided guidelines for any future costs applications.
Orders
Orders of the court
THE COURT ORDERS THAT:
1. Order 9 of the Orders of a Senior Judicial Registrar made on 7 September 2023 (Registrar’s Orders) be amended to read as follows:
(a) To pay any balance thereafter to the Trust account of JC Legal Group to be held on Trust pending a written agreement of the parties or order of a Court of competent jurisdiction.
2. Order 10 of the Registrar’s Orders be amended to read as follows:
(a) THAT the Respondent forthwith, and no later than 7 days from the date of these Orders, arrange to deposit the amount of $27,000 into the Trust account of JC Legal Group with such monies thereafter to be held in that Trust account and released only in accordance with any written agreement by the parties or pursuant to an Order of a Court of competent jurisdiction.
3. Subject to Orders 5 to 7 herein the Application for Review, filed by the Applicant Mr Linford (Applicant) on 18 September 2023 (Application for Review) and the Response to an Application in a Proceeding, filed by the Respondent Ms Ennis (Respondent) on 9 November 2023 are dismissed.
4. The Interim Orders made by Judge C. E. Kirton KC on 11 December 2023 (11 December 2023 Orders) are discharged.
5. In the event of the Respondent seeking an order for her costs of and incidental to the Application for Review and the 11 December 2023 Orders, the Respondent is to file and serve within 14 days of the date of these Orders written submissions of no more than five (5) pages (Respondent’s Costs Submissions).
6. The Applicant has leave to reply to the Respondent’s Costs Submissions in writing within 14 days of receipt of the Respondent’s Costs Submissions, provided that such written submissions are of no more than five (5) pages.
7. Any application by the Respondent for her costs of and incidental to the Application for Review will be determined on the papers unless otherwise ordered.
AND THE COURT NOTES THAT:
A. Subject to Orders 1 and 2 of these Orders, the Orders of a Senior Judicial Registrar made on 7 September 2023 otherwise remain in full force and effect.
Background
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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