FAMILY COURT OF AUSTRALIA
| MEDLOW & MEDLOW | [2016] FamCA 411 |
| FAMILY LAW – CONTEMPT – Where the disqualification application is dismissed – Where the application for summary dismissal is dismissed – Where it is found that a prima facie case has not been established – Where the contempt application is dismissed |
| Family Law Act 1975 (Cth) s 112AP |
| Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Iberian Trust Ltd v Founders Trust and Investment Co Ltd [1932] 2 KB 87 Johnson v Johnson (2008) 201 CLR 488 LGM & CAM (Contempt)(No 2) (2008) FLC 93-355 May v O'Sullivan (1955) 92 CLR 654 Rand & Rand (2010) FLC 93-444 Redland Bricks Limited v Morris [1970] AC 652 Redwing Ltd v Redwing Forest Products Ltd (1947) 177 LT 387 |
| APPLICANT: | Ms Medlow |
| RESPONDENT: | Mr Medlow |
| FILE NUMBER: | SYC | 7742 | of | 2010 |
| DATE DELIVERED: | 26 May 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Rees J |
| HEARING DATE: | 17 May 2016 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Richardson SC |
| SOLICITOR FOR THE APPLICANT: | Barkus Doolan |
| COUNSEL FOR THE RESPONDENT: | Mr Gould |
| SOLICITOR FOR THE RESPONDENT: | Watts McCray Lawyers |
Orders
IT IS ORDERED
That the Application–Contempt filed by the wife on 29 September 2015 is dismissed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Medlow & Medlow 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 SYDNEY |
FILE NUMBER: SYC 7742 of 2010
| Ms Medlow |
Applicant
And
| Mr Medlow |
Respondent
REASONS FOR JUDGMENT
Property settlement proceedings between Ms Medlow (“the wife”) and Mr Medlow (“the husband) are awaiting determination.
In those proceedings, relevantly to the present application, orders were made on 14 January 2011 restraining the husband from dealing with his assets. Further orders were made on 11 September 2014 which had the effect of allowing the husband specified, limited dealings with real estate.
On 29 September 2015, the wife filed an application seeking orders, pursuant to s 112AP of the Family Law Act 1975 (Cth), that the husband be dealt with on five charges of contempt. That application was listed for hearing on 17 May 2016.
This litigation has a lengthy history. The husband is engaged in civil litigation in the Supreme Court of New South Wales and is also defending serious criminal charges.
In property settlement proceedings between the parties, which have been on foot since 2010, a number of orders have been made for the preservation of property pending determination of the matter and, inter alia, releasing funds, on an interim basis.
On 8 March 2016, the Full Court of the Family Court of Australia (the Full Court”) delivered judgment in an appeal. The orders which are said, in these proceedings, to have been breached, and the circumstances of one of the breaches, were the subject of some discussion in the judgment of the Full Court.
When the matter came before me on 17 May 2016…
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CaseChat Overview and Summary
The central legal issue before the court was whether the husband had, in fact, committed contempt of court as alleged by the wife. This required the court to assess the evidence presented by the wife against the relevant legal standards for establishing contempt.
Rees J dismissed the wife's application. While the reasons for this dismissal are not elaborated upon in the provided text, the outcome indicates that the court was not satisfied that the threshold for proving contempt had been met. The court's decision implies that the evidence presented did not establish, to the required legal standard, that the husband had breached any court orders or otherwise acted in contempt.
Consequently, the court ordered that the Application–Contempt filed by the wife on 29 September 2015 be dismissed.
Orders
Orders of the court
IT IS ORDERED
1.
That the Application–Contempt filed by the wife on 29 September 2015 is dismissed.
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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