Pitt and Pitt (No 4)
Case
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[2009] FamCA 1173
•20 November 2009
Details
AGLC
Case
Decision Date
Pitt and Pitt (No 4) [2009] FamCA 1173
[2009] FamCA 1173
20 November 2009
CaseChat Overview and Summary
In *Pitt and Pitt (No 4)*, Justice Rose of the Federal Circuit Court of Australia considered an application by the wife for various orders concerning interim costs, the taxation implications of a business venture, and the production and access to documents. The dispute involved financial matters between the parties, including the costs associated with a business venture and the need for interim financial relief.
The court was required to determine whether to grant leave for the wife to tender an accountant's report regarding the taxation implications of costs associated with the F Pty Ltd business venture. Additionally, the court needed to make orders concerning the payment of interim costs and disbursements, the securing of further finance for these payments, and the designation of a specific sum to be paid to the wife. The court also considered arrangements for accountants to confer and lodge a joint statement, and the access to documents produced on subpoena.
By consent of the parties, Justice Rose made orders for R Pty Ltd to pay the husband and wife $250,000 each by way of interim costs and disbursements, with provisions for securing the necessary funds through Westpac Banking Corporation. The parties were also ordered to cause R Pty Ltd to pay $50,000 to the wife, the designation of which was to be determined by the Trial Judge. Leave was granted for the wife to tender the report of Mr M, an accountant, concerning the taxation implications of costs associated with the F Pty Ltd business venture. Further orders directed the parties to arrange for Mr M and Mr LR, another accountant, to confer and lodge a joint statement by specific dates. The court also ordered, by consent, that the parties and their legal representatives have leave to access documents produced on subpoena by RC, Accountant, and have photocopy access to documents referred to in Order 2. The costs of each party were reserved.
The court was required to determine whether to grant leave for the wife to tender an accountant's report regarding the taxation implications of costs associated with the F Pty Ltd business venture. Additionally, the court needed to make orders concerning the payment of interim costs and disbursements, the securing of further finance for these payments, and the designation of a specific sum to be paid to the wife. The court also considered arrangements for accountants to confer and lodge a joint statement, and the access to documents produced on subpoena.
By consent of the parties, Justice Rose made orders for R Pty Ltd to pay the husband and wife $250,000 each by way of interim costs and disbursements, with provisions for securing the necessary funds through Westpac Banking Corporation. The parties were also ordered to cause R Pty Ltd to pay $50,000 to the wife, the designation of which was to be determined by the Trial Judge. Leave was granted for the wife to tender the report of Mr M, an accountant, concerning the taxation implications of costs associated with the F Pty Ltd business venture. Further orders directed the parties to arrange for Mr M and Mr LR, another accountant, to confer and lodge a joint statement by specific dates. The court also ordered, by consent, that the parties and their legal representatives have leave to access documents produced on subpoena by RC, Accountant, and have photocopy access to documents referred to in Order 2. The costs of each party were reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Costs
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Consent
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Expert Evidence
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Remedies
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Procedural Fairness
Actions
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Citations
Pitt and Pitt (No 4) [2009] FamCA 1173
Cases Citing This Decision
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Statutory Material Cited
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