PLANTIER & PLANTIER - [2020] FCCA 1399

FEDERAL CIRCUIT COURT OF AUSTRALIA

PLANTIER & PLANTIER

[2020] FCCA 1399

Catchwords:
FAMILY LAW – Property – Interim proceedings – failure to comply with orders – failure to provide full and frank disclosure – request to set aside orders.

Legislation:

Family Law Act 1975 (Cth), ss.79A, 106A

Federal Circuit Court Act 1999 (Cth), s 45

Federal Circuit Court Rules 2001 (Cth), rr.14.01, 14.02

Cases cited:

Kelleher & Anderson [2007] FAMCA 137

Weir & Weir (1993) FLC ¶92-338

Applicant:

MR PLANTIER

Respondent:

MS PLANTIER

File Number:

DGC 1773 of 2019

Judgment of:

Judge Baker

Hearing date:

26 May 2020

Date of Last Submission:

26 May 2020

Delivered at:

Hobart

Delivered on:

5 June 2020

REPRESENTATION

Counsel for the Applicant:

Self-represented

Solicitors for the Applicant:

N/A

Counsel for the Respondent:

Mr Barnayannis of Counsel

Solicitors for the Respondent:

B Lawyers

DECLARATION

It is declared that it is appropriate in the administration of justice to allow discovery and interrogatories.

ORDERS

The husband has leave to administer to the wife specific questions by 19 June 2020 regarding the removal and/or sale of any/all items by her from the G Street, Town H property or the storage facility at J Street, Town K from 11 October 2019 to the current date.
By 11 July 2020, the wife file and serve sworn answers to the specific questions.
By 11 July 2020, the wife file and serve an affidavit of documents, which relate to sale proceeds of any/all items removed by the wife from the G Street, Town H property or the storage facility at J Street, Town K from 11 October 2019 to the current date, including but not limited to the items listed at paragraph 7 and 8 of the husband’s affidavit sworn 29 January 2020.
By 11 July 2020, the husband comply with the orders made by consent on 16 September 2019 and file and serve an affidavit of all relevant documents in his possession, custody or power.
In the event that the wife fails to execute any document or do any act or thing required of her, to give effect to order 4 of the orders made on 11 October 2019 within seven days after the documents have been provided to her for that purpose, then upon proof by affidavit of such refusal or neglect, the Registrar of the Federal Circuit Court do sign on her behalf and execute all necessary documents or other instruments and do all such acts and things to give effect to the terms of the orders.
The applications in a case filed 31 January 2020 and 26 February 2020 be otherwise dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Plantier & Plantier is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

A FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT HOBART

DGC 1773 of 2019

MR PLANTIER

Applicant

And

MS PLANTIER

Respondent

REASONS FOR JUDGMENT

Introduction

This is an application in a case filed 31 January 2020 by Mr Plantier (“the husband”) for…

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 PLANTIER & PLANTIER

Details

AGLC: PLANTIER & PLANTIER [2020] FCCA 1399
Case: [2020] FCCA 1399
Decision Date: 5 June 2020

CaseChat Overview and Summary

In the matter of *Plantier & Plantier*, heard by Baker J, the husband sought to set aside previous consent orders made on 16 September 2019 and 11 October 2019. The dispute arose from the wife's alleged failure to comply with these orders, specifically concerning her disclosure obligations and the removal or sale of property.

The court was required to determine whether the wife had provided full and frank disclosure as mandated by the earlier orders and whether her actions regarding the removal and sale of items from the G Street property and J Street storage facility constituted a breach of those orders. The husband's applications sought to address these alleged non-compliance issues.

Baker J ordered that the husband be granted leave to administer specific questions to the wife regarding the removal and sale of items from the G Street property and J Street storage facility between 11 October 2019 and the present date. The wife was directed to file and serve sworn answers to these questions, along with an affidavit of documents relating to the sale proceeds of any items removed during that period. The husband was also ordered to comply with the consent orders of 16 September 2019 by filing and serving an affidavit of all relevant documents. The court further stipulated that if the wife failed to comply with order 4 of the 11 October 2019 orders, the Registrar was empowered to sign and execute necessary documents on her behalf. The applications filed on 31 January 2020 and 26 February 2020 were otherwise dismissed.

Orders

Orders of the court

The husband has leave to administer to the wife specific questions by 19 June 2020 regarding the removal and/or sale of any/all items by her from the G Street, Town H property or the storage facility at J Street, Town K from 11 October 2019 to the current date.

By 11 July 2020, the wife file and serve sworn answers to the specific questions.

By 11 July 2020, the wife file and serve an affidavit of documents, which relate to sale proceeds of any/all items removed by the wife from the G Street, Town H property or the storage facility at J Street, Town K from 11 October 2019 to the current date, including but not limited to the items listed at paragraph 7 and 8 of the husband’s affidavit sworn 29 January 2020.

By 11 July 2020, the husband comply with the orders made by consent on 16 September 2019 and file and serve an affidavit of all relevant documents in his possession, custody or power.

In the event that the wife fails to execute any document or do any act or thing required of her, to give effect to order 4 of the orders made on 11 October 2019 within seven days after the documents have been provided to her for that purpose, then upon proof by affidavit of such refusal or neglect, the Registrar of the Federal Circuit Court do sign on her behalf and execute all necessary documents or other instruments and do all such acts and things to give effect to the terms of the orders.

The applications in a case filed 31 January 2020 and 26 February 2020 be otherwise dismissed.

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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