FAMILY COURT OF AUSTRALIA
PETRIDIS & PETRIDIS [2019] FamCA 484
FAMILY LAW – PROPERTY – Variation to an existing dispute resolution order sought – where the application is wholly unsuccessful – where the enforcement of existing interlocutory orders is just.
Family Law Act 1975 (Cth) s 114
Adam P. Brown Male Fashion Pty Ltd v Philip Morris Inc (1981) 148 CLR 170.
In the Marriage of Farr (1976) FLC 90-133.
Iphostrou & Iphostrou and Ors[2011] FamCA 20.
Jeeves & Jeeves (No 2) [2008] FamCA 1148.
Kelleher & Anderson[2007] FamCA 137.
Mertens & Mertens [2016] FamCAFC 136.
Philips & Samuels [2017] FamCA 125.
Martin & Martin and Ors [2013] FamCA 222.
Tripp & Tripp [2013] FamCA 1107.
Woodgate (Trustee) v Northop Hall Pty Ltd [2016] FCA 370.
APPLICANT: Ms Petridis
RESPONDENT: Mr Petridis
INTERVENOR: Mr Tamson as Trustee in Bankruptcy for Mr Petridis
FILE NUMBER: HBC 133 of 2018
DATE DELIVERED: 23 July 2019
PLACE DELIVERED: Hobart
PLACE HEARD: Hobart
JUDGMENT OF: McClelland DCJ
HEARING DATE: 5 July 2019
REPRESENTATION
SOLICITOR FOR THE APPLICANT: Mr McKenna
THE FIRST RESPONDENT IN PERSON
COUNSEL FOR THE INTERVENOR: Mr Trezise
Orders
The Court declares that the dispute resolution procedures set out in paragraph (d) of the document “Terms of Proposed Sale of Real Estate” annexed to the consent orders made on 3 July 2018 are applicable to the dispute between the parties documented in the Application in a Case by the Fourth Respondent, dated 2 July 2019.
The Fourth Respondents’ Application in a Case dated 2 July 2019 and the wife’s oral application made on 5 July 2019 consistent with that set out in her Affidavit filed on 4 July 2019 in response to the aforementioned Application in a Case are both dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Petridis & Petridis has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
FAMILY COURT OF AUSTRALIA AT HOBART FILE NUMBER: HBC 133 of 2018
Ms Petridis
Applicant
And
Mr Petridis
Respondent
REASONS FOR JUDGMENT
Introduction
This matter concerns competing applications by the Fourth Respondent and the Applicant wife, Ms Petridis (‘the wife’) for orders relating to the sale of two properties that are the subject of these proceedings. The Trustee in Bankruptcy for Mr Petridis, the Applicant’s husband, is the Fourth Respondent (‘the trustee’). Mr Petridis (‘the husband’) was given a limited right of appearance for the purpose of today’s hearing. He argued that, for various reasons including fraud, that his…
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- AGLC
- Petridis and Petridis [2019] FamCA 484
- Case
- [2019] FamCA 484
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the dispute resolution procedures stipulated in paragraph (d) of the "Terms of Proposed Sale of Real Estate" document, annexed to consent orders made on 3 July 2018, were applicable to the dispute that had arisen. This required the court to interpret the scope and intent of the dispute resolution clause in light of the subsequent application.
McClelland DCJ reasoned that the dispute resolution procedures outlined in paragraph (d) were indeed applicable to the current disagreement. Consequently, the court dismissed both the Fourth Respondent's Application in a Case dated 2 July 2019 and the wife's subsequent oral application and affidavit. The court declared that the specified dispute resolution procedures were applicable to the dispute.
Orders
Orders of the court
1.
The Court declares that the dispute resolution procedures set out in paragraph (d) of the document “Terms of Proposed Sale of Real Estate” annexed to the consent orders made on 3 July 2018 are applicable to the dispute between the parties documented in the Application in a Case by the Fourth Respondent, dated 2 July 2019.
2.
The Fourth Respondents’ Application in a Case dated 2 July 2019 and the wife’s oral application made on 5 July 2019 consistent with that set out in her Affidavit filed on 4 July 2019 in response to the aforementioned Application in a Case are both dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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