Munayallan and Scott and Ors

The proceedings before the Family Court of Australia involved Ms Munayallan (the wife) and Mr Scott (the husband), along with respondents Ms Scott, I Pty Ltd, Mr Phong, and Ms Phong. The dispute concerned final property and parenting orders, with the proceedings having been significantly impacted by parallel litigation in the New South Wales Supreme Court. The court was required to determine how best to proceed given the non-compliance with previous procedural directions and the ongoing complexities arising from the Supreme Court proceedings.

The primary legal issues before the court were whether to grant an adjournment of the trial, which had been sought due to the personal circumstances of the husband and his parents, and how to manage the substantive family law proceedings in light of the existing Supreme Court litigation. Specifically, the court needed to consider whether claims against certain respondents had already been determined in the Supreme Court, which would impact the scope of the family law proceedings. The court also had to address the non-compliance with prior directions regarding the filing of case outlines, witness affidavits, and argument summaries.

Justice Loughnan noted that no party had complied with the procedural directions issued on 6 September 2018. Despite an application for adjournment being opposed by the wife and the Phams (purchasers of the subject property), the matter remained listed for hearing. The court acknowledged the wisdom of the respondents' preference to list the proceedings for a final trial, which was not opposed by the husband. The court reasoned that a threshold issue existed regarding whether the claims against the Phams had already been resolved in the Supreme Court, and if so, those proceedings would not succeed, allowing the property proceedings to continue without those issues.

Consequently, the court ordered that the proceedings be listed for a final hearing on all parenting and financial issues on a date to be agreed between the parties and the chambers of Justice Loughnan, with a five-day trial commencing on either 13 May 2019, 20 May 2019, or 27 May 2019, or a later agreed date. Further directions were made for the filing of lay witness evidence by 15 March 2019, the consolidation of affidavit evidence, and the provision of case outlines, document lists, and argument summaries seven days prior to the trial. The court also noted the absence of the Independent Children’s Lawyer and the need to accommodate the single expert in the parenting proceedings.