Malloy and Stopford Malloy & Ors

FAMILY COURT OF AUSTRALIA

MALLOY & STOPFORD MALLOY AND ORS [2020] FamCAFC 270

FAMILY LAW – APPEAL – LEAVE TO APPEAL – PROPERTY – Interim property orders – Appeal against orders for the payment of receivers by the husband – Appeal against litigation funding orders – No error identified – Where insufficient doubt attends the orders sought to be challenged – Where no substantial injustice would result if leave is not granted – Application for leave to appeal dismissed.

FAMILY LAW – CROSS-APPEAL – LEAVE TO CROSS-APPEAL – PRACTICE AND PROCEDURE – Cross-appeal against orders for the production of unredacted financial accounts – Adequate reasons – Where the primary judge’s findings were open on the evidence – Where insufficient doubt attends the orders sought to be challenged – Where no substantial injustice would result if leave is not granted – Cross-applicant’s application for leave to appeal dismissed.

Family Law Act 1975 (Cth) s 94AA

Family Law Rules 2004 (Cth) r 13.07A

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39
Bahonko v Sterjov (2008) 166 FCR 415; [2008] FCAFC 30
Barnes v Addy (1874) LR 9 Ch App 244
Bennett and Bennett (1991) FLC 92-191; [1990] FamCA 148
Cameron v Cole (1944) 68 CLR 571; [1944] HCA 5
Harman v Secretary of State for the Home Department [1983] 1 AC 280; [1982] 1 All ER 532
Hatton v Attorney General (Cth) (2000) FLC 93-038; [2000] FamCA 892
Hearne v Street (2008) 235 CLR 125; [2008] HCA 36
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110
The Commissioner for Railways (New South Wales) v Cavanough (1935) 53 CLR 220; [1935] HCA 45
Wilde v Australian Trade Equipment Co Pty Ltd (1981) 145 CLR 590; [1981] HCA 13

APPLICANT/ SECOND CROSS-

RESPONDENT:

Mr Malloy

FIRST RESPONDENT/ FIRST CROSS-RESPONDENT: Ms Stopford Malloy

SECOND RESPONDENT/ FIRST CROSS-APPLICANT: Mr Q Malloy

THIRD RESPONDENT/ SECOND CROSS-APPLICANT: The Malloy Group

INTERVENERS: Mr R and Mr S, Receivers

FILE NUMBER: ADC 2595 of 2015

APPEAL NUMBER: SOA 4 of 2020

DATE DELIVERED: 6 November 2020

PLACE DELIVERED: Sydney

PLACE HEARD: In Chambers

JUDGMENT OF: Strickland, Aldridge & Kent JJ

HEARING DATE: Heard by way of written submissions

LOWER COURT JURISDICTION: Family Court of Australia

LOWER COURT JUDGMENT DATE: 13 December 2019

LOWER COURT MNC: [2019] FamCA 986

REPRESENTATION

THE APPLICANT/SECOND CROSS-

RESPONDENT:

Self-represented litigant

COUNSEL FOR THE FIRST RESPONDENT/

FIRST CROSS-RESPONDENT:

Mr Wells QC with Mr McGinn

SOLICITOR FOR THE FIRST

RESPONDENT/ FIRST CROSS-

RESPONDENT:

Piper Alderman

COUNSEL FOR THE SECOND AND THIRD

RESPONDENTS/ FIRST AND SECOND

CROSS-APPLICANTS:

Mr Harris QC with Mr Besanko

SOLICITOR FOR THE SECOND AND

THIRD RESPONDENTS/ FIRST AND

SECOND CROSS-APPLICANTS:

Barnes Brinsley Shaw Lawyers

SOLICITOR FOR THE INTERVENERS: Crawford Legal

Orders

1. The Application in an Appeal filed by the wife on 31 July 2020 be dismissed.

2. The application for leave to appeal the orders made by…