Quoc & Quoc (No. 2) - [2007] FamCA 1629

FAMILY COURT OF AUSTRALIA

QUOC & QUOC (NO. 2)

[2007] FamCA 1629

FAMILY LAW – CHILDREN – Permission to travel overseas

FAMILY LAW – PROPERTY – Value of property – Overseas

Family Law Act 1975 (Cth)

APPLICANT:

Mr Quoc

RESPONDENT:

Ms Quoc

FILE NUMBER:

BRF

2737

2006

DATE DELIVERED:

6 December 2007

PLACE DELIVERED:

Brisbane

JUDGMENT OF:

Murphy J

HEARING DATE:

5 December 2007

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Mr Balzamo, Solicitor
Bronwyn Hay & Associates

SOLICITOR FOR THE RESPONDENT:

Mr Dick, Solicitor
Ryan Kruger Lawyers

Orders

The Husband’s Application for Final Orders filed on 25 October 2007 is dismissed;
The Husband’s Amended Application in a Case filed by leave on 19 November 2007 is dismissed;
On the basis that the Husband has leave to file an application pursuant to section 65Y of the Family Law Act 1975 to be determined at the trial of these proceedings, the Amended Response to an Application in a Case filed by the Wife on 29 November 2007 is dismissed;
Pursuant to Rule 15.45 of the Family Law Rules Mr M of P Partners, … , Brisbane is appointed a single expert in these proceedings on the following terms and conditions:
(a)Mr M is to value and prepare a formal report as to the value of the property, companies, businesses, trust assets, and resources of the parties or either of them wherever situated;
(b)Mr M is to request from the parties all such information, documentation or other information not already supplied to him by the parties or either of them, and required by him for the purposes of his valuation and for the purposes of the other duties to be carried out by him;
(c)In the event that either party fails to provide information or documentation to Mr M, including documentation or information requested by him, Mr M is to report such failure to the Court, and shall indicate to the Court any issue arising as a consequence of the failure to provide such information and documentation;
(d)The parties in the first instance are to refer to Mr M any dispute between them as to or regarding any payment, action or matter arising in the ordinary course of the management of C Pty Ltd as trustee of the Quoc Trust or any of the business activities of the parties;
(e)Upon a dispute arising in terms of subparagraph (d) hereof, each of the parties shall provide to Mr M in writing details of the issue or issues arising between them and of the resolution seen by that party as to be necessary and shall provide to the other party copies of any correspondence entered into with Mr M in relation to that dispute;
(f)Mr M shall indicate to the Court any issues relevant to his duties which he considers requires determination by the Court or requires other orders necessary for the completion of his duties;
(g)In the carrying out of his duties, Mr M shall make no journeys to the Solomon Islands or other…

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 Quoc & Quoc (No. 2)

Details

AGLC: Quoc & Quoc (No. 2) [2007] FamCA 1629
Case: [2007] FamCA 1629
Decision Date: 6 December 2007

CaseChat Overview and Summary

In *Quoc & Quoc (No. 2)*, Murphy J of the Family Court of Australia considered applications by the Husband and the Wife concerning property division and the valuation of assets, including those located overseas. The proceedings involved a dispute over the value of various assets and the husband's request for permission to travel overseas.

The primary legal issues before the court were whether to grant the Husband's applications for final orders and an amended application in a case, and whether to permit the Husband to travel overseas. Additionally, the court was required to determine the appropriate method for valuing the parties' assets, particularly those situated outside of Australia, and to manage any disputes arising during the valuation process.

Murphy J dismissed the Husband's applications for final orders and his amended application in a case. The court also dismissed the Wife's amended response to an application in a case, on the basis that the Husband had been granted leave to file an application under section 65Y of the *Family Law Act 1975* to be determined at trial. Crucially, the court appointed a single expert, Mr M of P Partners, to value the parties' property, companies, businesses, trust assets, and resources wherever situated. The expert was directed to request necessary information from the parties, report any failures to provide such information, and manage disputes arising in the ordinary course of business of C Pty Ltd as trustee of the Quoc Trust. The expert was prohibited from travelling outside Australia without leave of the court. The costs of the expert and the valuation were to be borne equally by the parties. The matter was to be listed for case management by a Registrar following the completion of the valuation report, with costs reserved.

Orders

Orders of the court

The Husband’s Application for Final Orders filed on 25 October 2007 is dismissed;

The Husband’s Amended Application in a Case filed by leave on 19 November 2007 is dismissed;

On the basis that the Husband has leave to file an application pursuant to section 65Y of the Family Law Act 1975 to be determined at the trial of these proceedings, the Amended Response to an Application in a Case filed by the Wife on 29 November 2007 is dismissed;

Pursuant to Rule 15.45 of the Family Law Rules Mr M of P Partners, … , Brisbane is appointed a single expert in these proceedings on the following terms and conditions:

(a) Mr M is to value and prepare a formal report as to the value of the property, companies, businesses, trust assets, and resources of the parties or either of them wherever situated;

(b) Mr M is to request from the parties all such information, documentation or other information not already supplied to him by the parties or either of them, and required by him for the purposes of his valuation and for the purposes of the other duties to be carried out by him;

(c) In the event that either party fails to provide information or documentation to Mr M, including documentation or information requested by him, Mr M is to report such failure to the Court, and shall indicate to the Court any issue arising as a consequence of the failure to provide such information and documentation;

(d) The parties in the first instance are to refer to Mr M any dispute between them as to or regarding any payment, action or matter arising in the ordinary course of the management of C Pty Ltd as trustee of the Quoc Trust or any of the business activities of the parties;

(e) Upon a dispute arising in terms of subparagraph (d) hereof, each of the parties shall provide to Mr M in writing details of the issue or issues arising between them and of the resolution seen by that party as to be necessary and shall provide to the other party copies of any correspondence entered into with Mr M in relation to that dispute;

(f) Mr M shall indicate to the Court any issues relevant to his duties which he considers requires determination by the Court or requires other orders necessary for the completion of his duties;

(g) In the carrying out of his duties, Mr M shall make no journeys to the Solomon Islands or other places outside of Australia without leave of the Court;

(h) The costs of the single expert and the valuation process carried out by Mr M shall be borne equally by the parties.

The matter shall be listed before a Registrar for case management at a time to be advised and as soon as practicable after the completion of the valuation report by Mr M or earlier at Mr M’s request and the proceedings shall be maintained in the docket of Justice Murphy;

The costs of each of the parties shall be reserved.

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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