POURDIS & POURDIS

[2011] FamCA 554

FAMILY COURT OF AUSTRALIA

POURDIS & POURDIS [2011] FamCA 554

FAMILY LAW - COSTS – where the Bank of Queensland has been involved in the proceedings – orders that the parties meet costs of the Bank of Queensland on an indemnity basis – where the liability of such costs may be adjusted depending upon the findings made at the final hearing.

FAMILY LAW - PRACTICE AND PROCEDURE – adjournment – where the Court does not have the appropriate information before it – just and equitable – orders that the matter be adjourned and further material be filed.

Family Law Act 1975 (Cth)

Strahan & Strahan [2009] FamCAFC 166

APPLICANT: Ms Pourdis

RESPONDENT: Mr Pourdis

FILE NUMBER: DNC 552 of 2010

DATE DELIVERED: 15 July 2011

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 15 July 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Farmer

SOLICITOR FOR THE APPLICANT: Withnalls Lawyers

COUNSEL FOR THE RESPONDENT: Ms Bowen

SOLICITOR FOR THE RESPONDENT: Bowen Lawyers

COUNSEL FOR THE OTHER PARTY: Ms Dee

SOLICITOR FOR THE OTHER PARTY: Cooper Grace Ward

Orders

UPON NOTING at the adjourned hearing both parties are required to confirm that they have exchanged offers of settlement of the interim property settlement issues and have been given updated information as to their solicitors’ costs (both to date and anticipated) for the interim financial matters and for the conclusion of the other financial matters AND FURTHER NOTING that there is a Conciliation Conference before the Registrar in Darwin at 2.00 pm on 10 August 2011 and that will be to prepare the final matters for trial.

BY CONSENT IT IS ORDERED THAT

1. By consent the Bank of Queensland is to forward copies of all statements of accounts of the husband’s bank business or trusts and interim accounts to the address for service of the husband’s solicitors and the husband’s solicitors to then forthwith forward a copy to the wife’s solicitors.

AND IT IS FURTHER ORDERED THAT

1. The husband and wife pay the Bank of Queensland costs incurred to date on an indemnity basis such costs to be agreed within fourteen [14] days and failing agreement within that time to be taxed on the basis that the payment will initially come from the account of P Pty Ltd and any further adjustment as to liability between the husband and wife for those costs be determined at the conclusion of the property settlement proceedings.

2. Within fourteen [14] days the husband file and serve:

   (a)an affidavit setting out his dealings with the assets and liabilities of himself, the companies, trusts and entities under his control since the commencement of proceedings since November 2010 together with full and detailed material concerning the current assets and liabilities of the husband, his companies, trusts and entities which he controls setting out the assets and liabilities income and expenses of each of them;

   (b)updated statement of Financial Circumstances.

3. By 29 July 2011 both parties are to file and serve specific details of the orders which they now seek by way of interim orders.

4. The interim property settlement issues and other outstanding interim matters are adjourned to Tuesday 9 August 2011 at 9.30 am before the Honourable Justice Burr by telephone link.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER:  DNC 552 of 2010

Ms Pourdis

Applicant

And

Mr Pourdis

Respondent

And

The Bank of Queensland

Other Party

EX-TEMPORE REASONS FOR JUDGMENT

1. The unusual circumstances of this case (in which the Bank of Queensland have been involved in these matrimonial disputes between the parties) should allow the bank to recover their costs on an indemnity basis;  if not agreed, then to be as taxed.  I do so on the basis, again, that in the end the liability for such costs may be adjusted between the husband and the wife depending upon the findings made in relation to the final determination in the proceedings and particularly in relation to the question of parties compliance with the Rules of Court, the obligations of disclosure and the need to comply with Court orders.

2. In relation to the other matters which are outstanding before the Court, notwithstanding that partial property settlement has been an issue before the Court for a considerable period of time, I am satisfied that in order for the Court to do what is just and equitable in determining an interim property settlement it is, regrettably, necessary to adjourn the matter.  To make a decision in relation to an interim property settlement which is just and equitable in all the circumstances and which takes into account the significant recent authority of Strahan & Strahan [2009] FamCAFC 166 it is important for the Court to have appropriate information before it.

3. Notwithstanding the orders of the Court and the outstanding proceedings for many months, the husband is yet to file an affidavit and Statement of Financial Circumstances which set out the material which the Court will need to determine.

4. I note that there is a Conciliation Conference before Registrar Brown in Darwin at 2.00 pm on 10 August 2011.  That will be to prepare the final matters for trial.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe delivered on 15 July 2011.

Associate: 

Date:  18 July 2011