Rajavade & Rajavade

Case [2023] FedCFamC1F 32


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Rajavade & Rajavade [2023] FedCFamC1F 32   

File numbers PAC 2172 of 2022 and PAC 1041 of 2019
Judgment of WILSON J
Date of judgment 3 February 2023
Catchwords

FAMILY LAW – NATIONAL ARBITRATION LIST – cross applications – husband seeking orders setting aside the arbitral award under s 13K(2)(a) – husband relying on fraud – no evidence of fraud – none particularised – application dismissed.

FAMILY LAW – NATIONAL ARBITRATION LIST – wife seeking orders for the enforcement of arbitral award – almost 20 months passing since the making of the award – orders under s 106A made.

FAMILY LAW – NATIONAL ARBITRATION LIST – COSTS – orders made for affidavits and submissions to be filed on costs.

Legislation

Family Law Act 1975 (Cth) ss 13F, 13K(1)-(2), 75(2)(o), 79(2)&(4) and 106A

Family Law Regulations 1984 regulation 67P

Federal Circuit and Family Court of Australia (Family Law) Rules rule 13.04

Cases cited

Angelides v James Stedman Henderson’s Sweets Ltd (1927) 40 CLR 43

Associated Leisure Ltd (Phonographic Equipment Co Ltd) v Associated Newspapers Ltd [1970] 2 All ER 754

Bacall & Zagar [2020] FamCA 350

Bakalov & Bakalov [2021] FedCFamC1F 161

Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd (1990) 169 CLR 279

Barker v Barker (2007) 36 Fam LR 650

Black v Kellner (1992) 15 Fam LR 343

Chang v Su (2002) 29 Fam LR 406

Davy v Garrett (1877) 7 Ch D 473

Derry v Peek [1889] AC 337

Downs Distributing Co Pty Ltd v Associated Blue Star Stores Pty Ltd (in liq) (1948) 76 CLR 463

Entezam v Devi (2021) 62 Fam LR 637

Ex parte James; Re Cordon (1874) LR 9 Ch App 609

Flight v Robinson (1844) 50 ER 9

Ghazal v Government Insurance Offıce of New South Wales (1992) 29 NSWLR 336

Goodridge v Beadle (2017) 57 Fam LR 425

In the Marriage of Briese (1985) 10 Fam LR 642

In the Marriage of Giunti (1986) 11 Fam LR 160

In the Marriage of Marinko (1983) 8 Fam LR 849

In the Marriage of Mezzacappa (1987) 11 Fam LR 957

In the Marriage of Morrison (1994) 18 Fam LR 519

In the Marriage of Stein (1986) 11 Fam LR 353

In the Marriage of Suiker (1993) 17 Fam LR 236

In the Marriage of Weir (1992) 16 Fam LR 154

Kan v Aamer (2020) 63 Fam LR 198

Kannis v Kannis (2002) 30 Fam LR 83

Krakowski v Eurolynx Properties Ltd (1995) 183 CLR 563

Lazarus Estates Ltd v Beasley [1956] 1 QB 702

Medcalf v Mardell [2002] 3 All ER 721

Monte & Monte [1986] FamCA 1

Nocton v Lord Ashburton [1914] AC 932

Oriolo v Oriolo (1985) 10 Fam LR 665

Paviello & Paviello [2022] FedCFamC1F 592

Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (in liq) (2003) 214 CLR 514

Perpetual Trustees Victoria Ltd v Dunlop [2009] VSC 331

Protean (Holdings) Ltd v American Home Assurance Co [1985] VR 187

Continue reading Rajavade & Rajavade

Sign in free to access the full text

Details
AGLC
Rajavade & Rajavade [2023] FedCFamC1F 32
Case
[2023] FedCFamC1F 32
Decision Date

CaseChat Overview and Summary

In Rajavade & Rajavade, the Federal Circuit and Family Court of Australia dealt with two applications in relation to an arbitral award made in the parties' property settlement. The husband sought orders setting aside the arbitral award under s 13K(2)(a) of the Family Law Act 1975 (Cth) while the wife sought orders enforcing the arbitral award under s 106A of the Family Law Act. The husband alleged that the arbitral award was obtained by fraud, that his previous legal representatives did not follow his instructions, and that multiple bank transactions were not disclosed. The wife argued that the husband had not provided particulars of the fraud alleged and that s 13K of the Family Law Act had not been properly engaged. The court held that the husband's application to set aside the arbitral award failed as there was no evidence of fraud or non-disclosure. The court also held that the wife's enforcement application succeeded as the husband had failed to articulate his assertions of fraud and there was no evidence to support his claims. The court ordered that the husband's application to set aside the arbitral award be dismissed and that the wife's enforcement application be granted. The court also made orders for the parties to file and serve affidavits and submissions in relation to costs.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.