FEDERAL CIRCUIT COURT OF AUSTRALIA
| MANSFIELD & MANSFIELD & ORS (No.3) | [2018] FCCA 970 |
| Catchwords: FAMILY LAW – Property proceedings – wife seeks joinder of third parties – third parties to be joined appointor, corporate trustees and trustees of discretionary trusts established by husband’s father – third parties seek summary dismissal of wife’s claim against them – wife seeks orders setting aside instruments executed by corporate trustee – husband formerly director of trustee company – wife seeks setting aside of appointor of trust and husband’s directorship – nature of section 106B – principles to be applied to joinder – nature of summary jurisdiction application – analysis of husband’s degree of control over trusts in question – matrimonial property – matters to be considered. |
| Legislation: Family Law Act 1975, ss.4, 75(2)(o), 78, 79, 80, 106, 114, 118 Federal Circuit Court Rules, rr.4.05, 11.01, 11.04, 13.10 |
| Applicant: | MS MANSFIELD |
| First Respondent: | MR MANSFIELD |
| Second Respondent: | MR MANSFIELD SENIOR |
| Third Respondent: | MS MACRI |
| Fourth Respondent: | COMPANY 1 PTY LTD |
| Fifth Respondent: | TRUST A |
| Sixth Respondent: | MR MANSFIELD SENIOR FAMILY TRUST |
| Seventh Respondent: | TRUST C |
| Eighth Respondent: | COMPANY 2 PTY LTD |
| File Number: | ADC 4119 of 2014 |
| Judgment of: | Judge Brown |
| Hearing date: | 27 November 2017 & 30 January 2018 |
| Date of Last Submission: | 30 January 2018 |
| Delivered at: | Adelaide |
| Delivered on: | 2 May 2018 |
REPRESENTATION
| Counsel for the Applicant: | Mr Lindsay and Mr Jordan |
| Solicitors for the Applicant: | Jacqui Ion Lawyers |
| Counsel for the First Respondent: | Mr Weil |
| Solicitors for the First Respondent: | Scanlan Carroll Pty Ltd |
| Counsel for the Second, Third, Fourth & Fifth Respondents: | Mr Abbott SC |
| Solicitors for the Second, Third, Fourth & Eighth… |
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- Case
- [2018] FCCA 970
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the wife's applications to join the additional parties and to maintain her claims against them should be granted, and whether the trusts should be removed as parties to the proceedings. The court was required to determine the appropriate course of action regarding the joinder of third parties and the continued involvement of the trusts in the litigation.
Judge Brown dismissed the wife's application to join Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd, and Company 2 Pty Ltd as parties to the proceedings. Consequently, the wife's claims against these respondents were also dismissed. Furthermore, the court ordered that the joinder of Trust A and Trust C be discharged and that Trust A, Trust C, and the Mr Mansfield Senior Family Trust be removed as parties to the proceedings. The court then directed the second, third, fourth, and eighth respondents to file written submissions and supporting affidavits regarding costs within twenty-eight days, with the applicant wife to file any responsive submissions and affidavits within a further twenty-eight days. Further consideration of the matter was adjourned.
Orders
Orders of the court
1.
The wife’s application to join Mr Mansfield Senior, Ms Macri, Company 1 Pty Ltd and Company 2 Pty Ltd as parties to these proceedings is dismissed.
2.
The wife’s joinder of the Trust A and the Trust C is discharged.
3.
The wife’s claim against the second respondent Mr Mansfield Senior, the third respondent Ms Macri, the fourth respondent Company 1 Pty Ltd and the eighth respondent Company 2 Pty Ltd is dismissed.
4.
The fifth named respondent the Trust A, the sixth named respondent Mr Mansfield Senior Family Trust and the seventh named respondent Trust C be removed as parties.
5.
The second, third, fourth and eighth respondent are to provide written submissions in relation to costs and any necessary affidavit in support of such application is to be filed within twenty eight days of today’s date
6.
The applicant wife is to file any written submissions in response to such application and any necessary supporting affidavit within a further twenty eight days of that.
7.
Further consideration of the matter is adjourned to 19 July 2018 at 9:30am.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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