Narkis and Narkis (No 3)

FAMILY COURT OF AUSTRALIA

NARKIS & NARKIS (NO 3) [2016] FamCA 1048

FAMILY LAW – PRACTICE AND PROCEDURE – Interlocutory applications  by both parties pending final hearing in February 2017 including for “Letters Rogatory”, discovery, litigation funding, injunctive relief, requirements for personal attendance of husband who lives overseas, payment of health insurance for the wife and the child and similar matters – Where the judge suggests that the evidence provided by the self-represented applicant is insufficient to make the orders sought and the wife then seeks an adjournment – Where some matters are able to be determined and orders made – Where the husband’s application for keys and access to a property is necessary to enable the February trial to proceed – Reasons given ex tempore.

Family Law Act 1975 (Cth)

APPLICANT: Ms Narkis

RESPONDENT: Mr Narkis

FILE NUMBER: MLC 210 of 2014

DATE DELIVERED: 2 December 2016

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 2 December 2016

REPRESENTATION

THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Ms Swart

SOLICITOR FOR THE RESPONDENT: Cantwell Family Lawyer

Orders

1. That the wife’s application filed 25 November 2016 (save paragraph 11, 13 and 14) is adjourned to 10.00am on 2 February 2017 for the determination of all outstanding interlocutory issues.

2. That save for the orders sought by the husband as set out below and granted by the court, the balance of the husband’s application filed 1 December 2016 is also adjourned to 10.00am on 2 February 2017.

3. That the objections of the wife to the release of information provided under subpoenae by Westpac Bank and the Department of Immigration and Border Control are both dismissed and any information provided thereunder is released to all parties for inspection and copying.

4. That by 4.00pm on Wednesday 7 December 2016 the wife provide to valuers RR the access key and the alarm code to the real property at O Street, Suburb P together with the names of the engineers involved in the repair of, alteration to or protection of the said property and upon the valuation being completed by RR the key be immediately returned to the wife.

5. That by 4.00pm on Wednesday 7 December 2016 the wife provide to the solicitors for the husband by email the residential address of the child E.

6. That the conciliation conference listed for 7 December 2016 is vacated.

7. That the application by the husband (paragraph 2) for the sale of the property at M Street, Suburb N is dismissed.

8. That by 4.00pm on 7 December 2016 the wife provide by email to the solicitors for the husband a copy of the inventory of assets and liabilities of the Estate of Mr SS along with a copy of his will and copies of all correspondence to and from the wife and the legal representatives acting on behalf of the Estate of the Late said Mr SS.

9. Reserve the husband’s costs to the return date.

IT IS CERTIFIED:

1. That pursuant to Order 19.50 of the