FEDERAL CIRCUIT COURT OF AUSTRALIA
| PAGET & DUBOIS | [2013] FCCA 1746 |
| Catchwords: FAMILY LAW – Application under s.79A of the Family Law Act 1975 to set aside orders made by consent in 2010 – allegation that husband concealed £250,000 in (country omitted) in 2010 – allegation based wholly on hearsay – application to dismiss pursuant to s.17A of the Federal Circuit Court of Australia Act 1999 – consideration of authorities concerning s.17A. |
| Legislation: Family Law Act 1975, s.79A |
| Lindon v The Commonwealth (No.2) (1996) 70 ALJR 541 Beck v Beck (2004) FLC 93-181 Bigg v Suzi (1998) FLC 92-799 Pelerman v Pelerman (2000) FLC 93-037 Ting v Fingal [2013] FamCA 29 Rana v Deakin University [2012] FMCA 575 Jefferson Ford Pty Ltd v Ford Motor Co of Australia Limited [2008] FCAFC 60 Priestley v Godwin (No.3) [2008] FCA 1529 |
| Applicant: | MS PAGET |
| Respondent: | MR DUBOIS |
| File Number: | MLC 4015 of 2008 |
| Judgment of: | Judge Burchardt |
| Hearing date: | 23 October 2013 |
| Date of Last Submission: | 23 October 2013 |
| Delivered at: | Melbourne |
| Delivered on: | 8 November 2013 |
REPRESENTATION
| Counsel for the Applicant: | Mr Salamanca |
| Solicitors for the Applicant: | Westminster Lawyers |
| Counsel for the Respondent: | Mr Indovino |
| Solicitors for the Respondent: | Joannidis & Associates |
ORDERS
The respondent provide the applicant with a customer authority required by the (omitted) Bank to enable the applicant to make enquiries with the bank as to any account held by the respondent in 2009 or 2010.
The costs of any such enquiry be paid by the applicant, subject to any further order of this Court.
IT IS NOTED that publication of this judgment under the pseudonym Paget & Dubois is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 4015 of 2008
| MS PAGET |
Applicant
And
| MR DUBOIS |
Respondent
REASONS FOR JUDGMENT
In order to understand this matter it is necessary to commence with some history.
On 25 February 2010, orders were made between the applicant and respondent, then relatively recently divorced, at a time when both were legally represented.
Relevantly, their property issues were resolved by consent and the pool, on any view, was a relatively modest one.
According to the applicant’s financial statement filed on 17 July 2009, there was approximately $300,000 worth of equity in the former matrimonial home and some superannuation.
On 10 May 2013, the applicant filed an application in a case seeking, as final orders, an order pursuant to s.79A of the Family Law Act 1975 (“the Family Law Act”) setting aside the 2010 orders and spousal maintenance. Interim orders were sought in respect of discovery pursuant to r.24.03 of the Federal Circuit Court Rules 2001.
The wife’s accompanying affidavit was filed on 10 May 2013 and set out the history of the parties’ relationship and their previous proceedings.
At paragraph 14, she deposed to the…
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- PAGET & DUBOIS [2013] FCCA 1746
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- [2013] FCCA 1746
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CaseChat Overview and Summary
The central legal issue before the Court was whether it had the power to compel the respondent to furnish the customer authority as requested by the applicant. This involved considering the Court's jurisdiction and the appropriate circumstances for making such an order, particularly in relation to facilitating investigations into potential financial matters.
Judge Burchardt ordered that the respondent provide the applicant with the required customer authority. This would permit the applicant to make enquiries with the bank concerning any accounts held by the respondent in 2009 or 2010. The Court stipulated that the applicant would bear the costs associated with these enquiries, unless a further order was made by the Court.
Orders
Orders of the court
1.
The respondent provide the applicant with a customer authority required by the (omitted) Bank to enable the applicant to make enquiries with the bank as to any account held by the respondent in 2009 or 2010.
2.
The costs of any such enquiry be paid by the applicant, subject to any further order of this Court.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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