Ramsey and Ramsey and Ors (No.2)

[2019] FamCA 883

FAMILY COURT OF AUSTRALIA

RAMSEY & RAMSEY AND ORS (NO.2) [2019] FamCA 883

FAMILY LAW – PRACTICE AND PROCEDURE – Where the parties in this matter formulated consent Orders to dispose of a number of interim applications before the Court – Where one issue remained outstanding which needed judicial determination – Where the wording in the Orders is to be as proposed by the Applicant.

APPLICANT: Mr Ramsey

FIRST RESPONDENT: Ms Ramsey

SECOND RESPONDENT: B Pty Ltd

THIRD RESPONDENT: C Pty Ltd

FILE NUMBER: BRC 9850 of 2018

DATE DELIVERED: 8 July 2019

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Forrest J

HEARING DATE: 8 July 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Waterman

SOLICITOR FOR THE APPLICANT: McCarthy Durie Lawyers

COUNSEL FOR THE FIRST RESPONDENT: Mr Drysdale

SOLICITOR FOR THE FIRST RESPONDENT: Simonidis Steel Lawyers

COUNSEL FOR THE SECOND AND THIRD RESPONDENTS: Mr Jordan

SOLICITOR FOR THE SECOND AND THIRD RESPONDENTS: Cooper Grace Ward

Orders

1. The Order which is in dispute shall read:

   That the Second Respondent shall provide the Applicant and the First Respondent with a monthly Balance Sheet and monthly bank statements for B Pty Ltd commencing on 1 July 2019 and thereafter on the first day of each subsequent month.

   and shall be on the undertaking proffered to the Court today by the Applicant through his Counsel to not use any such documents, or any information contained within such documents, for any ulterior purpose other than in the course of these proceedings.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Ramsey & Ramsey and Ors (No.2) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT BRISBANE

FILE NUMBER: BRC 9850 of 2018

Mr Ramsey

Applicant

And

Ms Ramsey

First Respondent

And

B Pty Ltd

Second Respondent

And

C Pty Ltd

Third Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I am going to decide that the Order should be the wording that the Applicant proposes.

2. The Order that is in dispute will read that:

   That the Second Respondent shall provide the Applicant and the First Respondent with a monthly Balance Sheet and monthly bank statements for B Pty Ltd commencing on 1 July 2019 and thereafter on the first day of each subsequent month.

3. I add that, though not necessary, such Order is made on the undertaking proffered to the Court today by the Applicant husband through his counsel not to use any such documents, and I am going to add, and you are going to need to confirm that he gives the undertaking Mr Waterman:

   and/or any information contained in any such documents for any ulterior

   purpose other than for use in the course of these proceedings.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Forrest delivered on 8 July 2019.

Associate: 

Date:  29 November 2019