Okien and Nhan (No. 2)
Case
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[2017] FamCA 946
•10 October 2017
Details
AGLC
Case
Decision Date
Okien and Nhan (No. 2) [2017] FamCA 946
[2017] FamCA 946
10 October 2017
CaseChat Overview and Summary
In the matter of *Okien and Nhan (No. 2)*, Cronin J of the Family Court of Australia considered a property dispute between a wife and a husband who had removed all assets offshore and left the jurisdiction. The husband did not participate in the proceedings.
The court was required to determine the appropriate division of property interests between the parties and whether the husband's conduct constituted contempt of court warranting imprisonment. The court also considered various applications and objections filed by a legal firm, F Law, and the release of documents produced under subpoena.
Cronin J found the husband guilty of a flagrant challenge to the court's orders, noting his deliberate removal of assets and departure from the jurisdiction. Applying principles of family law regarding property division and contempt of court, the court ordered the husband to pay the wife $343,262 by way of alteration of property interests and $19,309 for her costs. Furthermore, the husband was committed to prison for a period of 18 months, with a warrant to be issued for his apprehension for the purpose of serving this sentence. The response filed by the husband and the objection filed by F Law were dismissed, as was F Law's oral application for costs. Documents produced under subpoena were ordered to be released for inspection.
The court was required to determine the appropriate division of property interests between the parties and whether the husband's conduct constituted contempt of court warranting imprisonment. The court also considered various applications and objections filed by a legal firm, F Law, and the release of documents produced under subpoena.
Cronin J found the husband guilty of a flagrant challenge to the court's orders, noting his deliberate removal of assets and departure from the jurisdiction. Applying principles of family law regarding property division and contempt of court, the court ordered the husband to pay the wife $343,262 by way of alteration of property interests and $19,309 for her costs. Furthermore, the husband was committed to prison for a period of 18 months, with a warrant to be issued for his apprehension for the purpose of serving this sentence. The response filed by the husband and the objection filed by F Law were dismissed, as was F Law's oral application for costs. Documents produced under subpoena were ordered to be released for inspection.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Costs
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Jurisdiction
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Procedural Fairness
Actions
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Citations
Okien and Nhan (No. 2) [2017] FamCA 946
Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
1
Australian Securities and Investments Commission v Michalik
[2004] NSWSC 1259
Hearne v Street
[2008] HCA 36