NEEDHAM & TRUSTEES OF THE BANKRUPT ESTATE OF NEEDHAM
[2016] FamCAFC 102
•17 June 2016
FAMILY COURT OF AUSTRALIA
| NEEDHAM & TRUSTEES OF THE BANKRUPT ESTATE OF NEEDHAM | [2016] FamCAFC 102 |
| FAMILY LAW – APPEAL – Application for expedition of the hearing of appeal – Where the husband has been declared bankrupt – Where the proceedings are between the wife and Trustees of the Bankrupt Estate of the husband – Where the respondents agree the appeal should be expedited – Where the proceedings have been ongoing for a period of ten years – Where it is appropriate to expedite the hearing. |
| Family Law Act 1975 (Cth) |
| APPLICANT: | Ms Needham |
| RESPONDENTS: | Trustees of the Bankrupt Estate of Needham | ||||
| FILE NUMBER: | SYF | 4097 | of | 2006 | |
| APPEAL NUMBER: | EA | 76 | of | 2016 |
| DATE DELIVERED: | 17 June 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ainslie-Wallace J |
| HEARING DATE: | 14 June 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 20 April 2016 |
| LOWER COURT MNC: | [2016] FamCA 253 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Johnston |
| SOLICITOR FOR THE APPLICANT: | Ms Needham in person |
| SOLICITOR FOR THE FIRST & SECOND RESPONDENTS: | Mr Badin |
Orders
The appeal against the orders of McClelland J made on 20 April 2016 be expedited.
The appeal is referred to the Appeals Registrar for the purposes of making such procedural directions as are necessary to prepare the appeal for hearing.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Needham & Trustees of the Bankrupt Estate of Needham has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 76 of 2016
File Number: SYF 4097 of 2006
| Ms Needham |
Applicant
and
| Trustees of the Bankrupt Estate of Needham |
Respondents
REASONS FOR JUDGMENT
By Application in an Appeal filed on 25 May 2016, Ms Needham (“the wife”) seeks that the appeal against the orders of McClelland J made on 20 April 2016 be expedited.
The application was supported by the solicitor for the respondents.
In my view, it is appropriate to expedite the hearing of the appeal in this matter for two reasons.
First, for reasons not associated with any dilatory conduct of the parties, the property settlement proceedings were commenced by the wife in 2006. The commencement of the proceedings coincided with proceedings taken by the husband’s creditors to freeze his assets pending a suit then underway in the Supreme Court. The assets then subject to the order included the jointly owned marital property of the parties.
In 2007, the wife’s property settlement proceedings were stayed and, eventually the proceedings were heard by the trial judge in November 2015 with judgment being delivered in April 2016.
In the intervening period, the actions brought by the husband’s creditors were proceeding in the Supreme Court and, it seems, involved two appeals to the NSW Court of Appeal and an appeal to the High Court. Those proceedings resulted in a judgment against the husband for $7,000,000. As a consequence the husband became bankrupt.
The time between the filing of the wife’s application for property settlement and the date of the hearing, time for which it could not be said the wife was responsible, of itself in my view justifies the expedition of the appeal so as to bring to finality financial matters as between the husband and wife.
Secondly, and no less importantly, is the wife’s age. As her counsel pointed out, she was 61 when the proceedings commenced and will shortly be 71. She has a small income from a part time practice as a professional and receives a part pension. Pending resolution of the appeal, the trial judge’s stay orders require her to pay an occupancy fee in relation to the house in which she is presently living.
For both of these reasons, I am of the view that this appeal should be expedited.
I certify that the preceding nine (9) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Ainslie-Wallace delivered on
17 June 2016.
Associate:
Date: 17 June 2016
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