MacDougal and Benson and Ors

[2015] FamCA 552

FAMILY COURT OF AUSTRALIA

MACDOUGAL & BENSON AND ORS [2015] FamCA 552

FAMILY LAW – PRACTICE AND PROCEDURE – Disjoinder – where second respondent seeks the dismissal of orders sought against him by the respondent – consideration of whether appropriate to join second respondent personally or the company – complex litigation requiring finding of fact to be determined at final hearing - second respondent’s application is dismissed.

Family Law Act 1975 (Cth) s 90AE, 106B

B Pty Ltd & Ors v K & Anor (2008) FLC 93-380; 219 FLR 107
Bigg & Suzi (1998) FLC 92-799
Horton & Jones (No 2) (1939) 39 SR (NSW) 305
Lindon v The Commonwealth (No 2) (1996) 70 ALJR 541
Pagliotti & Hartner (2009) 41 Fam LR 41
Pelerman & Pelerman (2000) FLC 93-037
Trawl Industries of Australia Pty Ltd (recrs and mgrs. Apptd) (in liq) and Ors v Effem Foods Pty Ltd (1992) 108 ALR 335

APPLICANT: Mr MacDougal

1st RESPONDENT: Ms Benson

2nd RESPONDENT: Mr Benson

3rd RESPONDENT: T Pty Ltd

INTERVENOR:

FILE NUMBER: MLC 1674 of 2013

DATE DELIVERED: 17 July 2015

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Berman J

HEARING DATE: 19 June 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Campbell

SOLICITOR FOR THE APPLICANT: Forte Family Lawyers

COUNSEL FOR THE 1ST RESPONDENT: Mr Cummings

SOLICITOR FOR THE 1ST RESPONDENT: Lennon Mazzeo

COUNSEL FOR THE 2ND RESPONDENT:

SOLICITOR FOR THE 2ND RESPONDENT:

COUNSEL FOR THE 3RD RESPONDENT:

Ms Connor

Saxby Lawyers

Ms Lim

SOLICITOR FOR THE 3RD RESPONDENT: Altus Lawyers

Orders

1. That the application of the second respondent seeking the dismissal of the husband’s application for orders against him be dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym MacDougal & Benson 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

FILE NUMBER: MLC 1674  of 2013

Mr MacDougal

Applicant

And

Ms Benson and Mr Benson and T Pty Ltd 

Respondents

REASONS FOR JUDGMENT

INTRODUCTION

1. By Further Amended Initiating Application filed 23 April 2014, Mr MacDougal (“the husband”) seeks orders in respect of parenting issues relating to the three children of the relationship and settlement of property.  By her Amended Response filed 24 April 2014, Ms MacDougal (“the wife”) opposes the orders sought by the husband.

2. The proceedings are currently listed for final hearing on 10 August 2015.

3. Various orders have been made in an attempt to have the matter made ready for hearing.

4. Further trial directions were considered by Macmillan J on 27, 28 April 2015 and then on 1 May 2015.

5. As part of those hearings leave was given to join T Pty Ltd as a third respondent. Of more immediate moment is the determination of an application made for the disjoinder of Mr Benson as second respondent.

6. Her Honour was reserved on that aspect of the proceedings following submissions made orally and in writing.

7. The following is a summary of orders made on 27…