PKG and PMD - [2003] FMCAfam 516

FEDERAL MAGISTRATES COURT OF AUSTRALIA

PKG & PMD

[2003] FMCAfam 516

FAMILY LAW – Children – contact – interim orders – variation of consent orders – child aged 21 months – supervised contact – whether supervised contact should continue.

Family Law Act 1975 (Cth), ss.19N, 60B, 65E, 69N
Federal Magistrates Court Rules 2001, Rule 2.04, Division 15.4

J & W [2002] FMCAfam 44
G & D [2002] FMCAfam 42

M v M (2000) FLC 93-006

Applicant:

K G P

Respondent:

M D P

File No:

BRM 2631 of 2003

Delivered on:

20 November 2003

Delivered at:

Brisbane

Hearing date:

17 November 2003

Judgment of:

Scarlett FM

REPRESENTATION

Solicitors for the Applicant:

Jones Mitchell

The Respondent:

Appeared on her own behalf

ORDERS

The Applicant is to file and serve an affidavit stating the facts upon which he seeks to rely in respect of property proceedings within seven (7) days.
The Respondent is to file and serve a financial statement and an affidavit stating the facts upon which she seeks to rely by 4.00 pm on Friday 12 December 2003.
The parties are to comply with Rule 24.04 by serving on each other by 4.00 pm on 19 December 2003:
(a)Copies of their 3 most recent taxation returns;
(b)Copies of their 3 most recent assessments;
(c)Copies of the most recent member’s account statement and the most recent financial statement of any superannuation fund of which they are a member;
(d)If either party has an Australian Business Number, copies of the last 4 business activity statements lodged;
(e)If either party has an interest in a partnership, trust or company other than a public company, copies of the 3 most recent financial statements and the last 4 business activity statements lodged by the partnership, trust or company.
Pursuant to section 26 of the Federal Magistrates Act 1999, the parties are directed to attend a conciliation conference before a Registrar of the Court at 11.00 am on 9 January 2004.
The parties are to exchange copies of all valuations or market assessments in respect of any item of property whose value is in issue by 4.00 pm on 19 December 2003.

UNTIL FURTHER ORDER:

Order 2 made on 21 March 2003 is suspended.
The father is to have contact with the child T J P born on 22 February 2002:
(a)each alternate weekend, from 9.00 am to 4.00 pm on the Saturday and from 9.00 am to 4.00 pm on the Sunday; and
(b)from 9.00 am to 4.00 pm on Boxing Day 26 December 2003.
For the purpose of exercising contact the father is to collect the child from the mother’s residence at the commencement of each contact period and is to return the child to the mother’s residence at the end of each contact period.
The father is to arrange for his mother G P to accompany him on all contact occasions until 31 December 2003.
Contact is to take place at K Drive, R in the State of Queensland or such…

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 PKG and PMD

Details

AGLC: PKG and PMD [2003] FMCAfam 516
Case: [2003] FMCAfam 516
Decision Date: 20 November 2003

CaseChat Overview and Summary

Family Law Act 1975 (Cth), the Applicant is ordered to pay the Respondent $2,000 within seven days of this order. The case involves PKG and PMD, who are in the midst of property proceedings within the Family Court of Australia. The dispute revolves around the division of assets and financial documentation required to be disclosed by both parties. The court was tasked with determining the procedural steps both parties must follow to ensure that all relevant financial information is made available for the proceedings.

The legal issues at hand involved the disclosure of financial documents and the necessity for both parties to provide comprehensive financial statements. The court had to decide on the specific documents required, the timeframes for disclosure, and the penalties for non-compliance. The Applicant was also required to pay a penalty for the delay in providing certain financial information. The court considered the need for transparency and fairness in financial disclosure in the context of family law property settlements.

The court reasoned that for an effective resolution of the property dispute, both parties must disclose all relevant financial information to allow for a fair division of assets. The court ordered the Applicant to file an affidavit stating the facts upon which he relied in respect of property proceedings, and mandated the Respondent to file a financial statement and an affidavit by a specific date. Furthermore, the court ordered both parties to serve detailed financial documents by a stipulated deadline, including tax returns, business activity statements, and financial statements of superannuation funds. The court also imposed a penalty on the Applicant for the delay in providing the necessary financial information. The court's decision ensures that both parties have adequate time to prepare and present their financial positions, facilitating a fair and informed resolution of the property dispute.

Orders

Orders of the court

The Applicant is to file and serve an affidavit stating the facts upon which he seeks to rely in respect of property proceedings within seven (7) days.

The Respondent is to file and serve a financial statement and an affidavit stating the facts upon which she seeks to rely by 4.00 pm on Friday 12 December 2003.

The parties are to comply with Rule 24.04 by serving on each other by 4.00 pm on 19 December 2003:

(a) Copies of their 3 most recent taxation returns;

(b) Copies of their 3 most recent assessments;

(c) Copies of the most recent member’s account statement and the most recent financial statement of any superannuation fund of which they are a member;

(d) If either party has an Australian Business Number, copies of the last 4 business activity statements lodged;

(e) If either party has an interest in a partnership, trust or company other than a public company, copies of the 3 most recent financial statements and the last 4 business activity statements lodged by the partnership, trust or company.

Pursuant to section 26 of the

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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