Petrucci and Delos - [2017] FamCA 1079

FAMILY COURT OF AUSTRALIA

PETRUCCI & DELOS

[2017] FamCA 1079

FAMILY LAW – PROPERTY – Discovery – Where the husband seeks extensive discovery – Consideration of requested documents and discovery already provided by the wife – Orders made for partial discovery of documents.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)
Federal Court Rules 2011 (Cth)

Alanco Australia Pty Ltd v Higgins (No 2) [2011] FCA 1063 Denis v ChambersInvestment Planners Pty Ltd [2012] FCA 63 Hatton & Attorney-General of the Commonwealth of Australia (2000) FLC 93-038 Lucas Industries Ltd v Hewitt (1978) 18 ALR 555 Martin & Martin and Anor(No 2) [2014] FamCA 232 Woley & Humboldt (No 3) [2009] FamCA 546
APPLICANT:	Mr Petrucci

RESPONDENT:

Ms Delos

FILE NUMBER:

ADC

4580

2015

DATE DELIVERED:

21 December 2017

PLACE DELIVERED:

Adelaide

PLACE HEARD:

Adelaide

JUDGMENT OF:

Berman J

HEARING DATE:

20 December 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Dillon

SOLICITOR FOR THE APPLICANT:

Rudall & Rudall

COUNSEL FOR THE RESPONDENT:

Ms Dickson

SOLICITOR FOR THE RESPONDENT:

Lumond Lawyers

Orders

The wife provide all necessary authority to B Accountants of C Street, Suburb D to provide all information and copies of documents as may be requested by the husband in respect of the following:-
(a)       E Trust trading as F Pty Ltd;
(b)       F Pty Ltd;
(c)       Ms Delos Family Trust;
(d)       G Pty Ltd.
That within forty five (45) days of these orders the wife discover the following documents and make same available for inspection, copy or provision by electronic means the following:-
(a)Paragraphs 1(c)(A), (C), (E) and (H) of the Amended Application in a Case filed 24 November 2017;
(b)The wife’s taxation returns and financial statements for the financial years ending 2014, 2015 and 2016.
That the wife do all things necessary and provide all such information to her accountants to enable her taxation return and financial statements to be prepared for the 2017 financial year by 31 March 2018.
The wife provide her member entitlement statements for her interest in H Super Fund for the financial years ending 2016 and 2017 together with the following:-
(a) Income tax returns for the financial years ending 2015, 2016 and 2017;
(b) Financial statements for the financial years ending 2015, 2016 and 2017;
That in relation to any property that is the subject of agreement as to value, the parties do jointly instruct an appropriately qualified valuer to provide a valuation or updated valuation as may be required. The cost of same to be borne equally by the parties.

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 Petrucci & Delos 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Petrucci and Delos

Details

AGLC: Petrucci and Delos [2017] FamCA 1079
Case: [2017] FamCA 1079
Decision Date: 21 December 2017

CaseChat Overview and Summary

In the matter of *Petrucci and Delos*, Berman J considered an application concerning the disclosure of financial information and documents between the parties. The dispute centred on the wife's obligations to provide access to and copies of various financial records and trust documents.

The court was required to determine the extent of the wife's disclosure obligations, specifically in relation to her interests in certain trusts and companies, her taxation returns and financial statements for particular financial years, and her superannuation entitlements. The court also had to consider the process for obtaining valuations of agreed property.

Berman J ordered that the wife provide necessary authority to B Accountants to release information and documents pertaining to the E Trust, F Pty Ltd, the Ms Delos Family Trust, and G Pty Ltd to the husband. Further, the wife was ordered to discover and make available for inspection specific paragraphs from her Amended Application in a Case, her taxation returns and financial statements for the 2014, 2015, and 2016 financial years, and her member entitlement statements for H Super Fund for the 2016 and 2017 financial years, along with corresponding income tax returns and financial statements. The wife was also directed to facilitate the preparation of her 2017 financial year taxation return and financial statements. Finally, the court ordered that parties jointly instruct a valuer for agreed property, with costs to be borne equally.

Orders

Orders of the court

The wife provide all necessary authority to B Accountants of C Street, Suburb D to provide all information and copies of documents as may be requested by the husband in respect of the following:-

(a) E Trust trading as F Pty Ltd;

(b) F Pty Ltd;

(d) G Pty Ltd.

That within forty five (45) days of these orders the wife discover the following documents and make same available for inspection, copy or provision by electronic means the following:-

(a) Paragraphs 1(c)(A), (C), (E) and (H) of the Amended Application in a Case filed 24 November 2017;

(b) The wife’s taxation returns and financial statements for the financial years ending 2014, 2015 and 2016.

That the wife do all things necessary and provide all such information to her accountants to enable her taxation return and financial statements to be prepared for the 2017 financial year by 31 March 2018.

The wife provide her member entitlement statements for her interest in H Super Fund for the financial years ending 2016 and 2017 together with the following:-

(a) Income tax returns for the financial years ending 2015, 2016 and 2017;

(b) Financial statements for the financial years ending 2015, 2016 and 2017;

That in relation to any property that is the subject of agreement as to value, the parties do jointly instruct an appropriately qualified valuer to provide a valuation or updated valuation as may be required. The cost of same to be borne equally by the parties.

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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