Marley & Ormonde

[2020] FamCA 1046

FAMILY COURT OF AUSTRALIA

MARLEY & ORMONDE [2020] FamCA 1046

FAMILY LAW – PRACTICE AND PROCEDURE – Separating issues – Where the matter was set down for hearing of a discrete issue concerning third party interests in the matrimonial property – Where that hearing was part heard and Orders were made setting the matter down for further hearing of the separate issue and, in addition, the substantive property proceedings concerning the adjustment of the wife and husband’s property – Where during the further hearing, there was insufficient time for hearing of the substantive property proceedings – Consideration given to separating the issues – Consideration given to hearing the separate issue in a discrete hearing.

Family Law Act 1975 (Cth) Pt VII, s 79
Family Law Rules 2004 (Cth) r 1.04, 10.13

Uniform Civil Procedure Rules 2005 (NSW) r 28.2

Christmas v Nicol Bros Pty Ltd (1941) 41 SR (NSW) 317
Dublin, Wicklow & Wexford Railway Co v Slattery (1878) 3 App Cas 1155
Gould & Gould; Swire Investments Ltd (1993) FLC 92-434
Sahrawi & Hadrami (2018) FLC 93–857
Southwell v Bennett [2010] NSWSC 1372
VC & GC and ORS (2010) FLC 93-434

APPLICANT: Ms Marley

FIRST RESPONDENT: Mr Ormonde

SECOND RESPONDENT: Ms Ormonde

THIRD RESPONDENT: Mr B Ormonde

FILE NUMBER: SYC 3012 of 2018

DATE DELIVERED: 21 October 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney by web conference

JUDGMENT OF: McClelland DCJ

HEARING DATE: 21 October 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Guterres

SOLICITOR FOR THE APPLICANT: MistryFallahi Lawyers & Business Advisors

SOLICITOR FOR THE FIRST RESPONDENT: Mr Brown of Browns the Family Lawyers

SOLICITOR FOR THE SECOND AND THIRD RESPONDENTS: Ms Johnson of Leigh Johnson Lawyers

Orders

1. This matter is adjourned for further video hearing on 2 November 2020 at 10am.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Marley & Ormonde has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 3012 of 2018

Ms Marley

Applicant

And

Mr Ormonde

First Respondent

And

Ms Ormonde

Second Respondent

And

Mr B Ormonde

Third Respondent

EX TEMPORE REASONS FOR JUDGMENT

Introduction

1. This matter was originally set down for hearing before me in respect of a separate issue, pursuant to r 10.13 of the Family Law Rules 2004 (Cth) (“the Rules”), concerning whether Ms Ormonde (“the Second Respondent”) and Mr B Ormonde (“the Third Respondent”) have an interest in the property located at E Street, Suburb F (“the Suburb F property”). The Suburb F property is included in the property…