Okien and Nhan (No. 2)

Case

[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.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Hearne v Street [2008] HCA 36