Rigby and Kingston & Ors (No. 2) - [2020] FamCA 695

FAMILY COURT OF AUSTRALIA

RIGBY & KINGSTON AND ORS (NO. 2)

[2020] FamCA 695

FAMILY LAW – PROPERTY – Where these are protracted and complex property proceedings between a husband and wife following the breakdown of a marriage of 24 years – Where, in the interests of progressing the matter and in accordance with the Court’s case management principles, the matter was listed for a series of trial dates – Where the initial trial dates relate to the hearing of evidence and cross-examination of witnesses so as to determine particular factual issues settled by the parties – Where findings are made in respect of those factual issues.

Family Law Act 1975 (Cth)
Family Law Amendment Act 2000 (Cth)
Family Law Rules 2004 (Cth) r 11.01, r 16.04

Rigby & Kingston [2017] FamCA 877
Rigby & Kingston (No. 2) [2020] FamCA 467
Stanford & Stanford (2012) 247 CLR 108

APPLICANT:

Mr Rigby

RESPONDENT:

Ms Kingston

THIRD PARTY RESPONDENTS:

Mr F Kingston (2^nd)

Mr G Kingston (3^rd)
~~Kingston (New South Wales) Pty Ltd (4^th)~~
~~H Pty Ltd (5^th)~~
~~J Pty Ltd registered number …/…1996 (BB Region) (6^th)~~
~~K Pty Ltd (7^th)~~
K Pty Ltd (as Trustee for the Kingston Family Trust) (8^th)
K Pty Ltd (as Trustee of the Kingston Group Trust.) (9^th)
~~J Holdings Pty Ltd registered number …/… (BB Region) (10^th)~~
~~Kingston Consolidated Pty Ltd (11^th)~~
Kingston Consolidated Pty Ltd (as Trustee of the Kingston Group Trust) (12^th)
~~L Pty Ltd (13^th)~~
~~M Pty Ltd (14^th)~~
~~Kingston Developments Pty Ltd (15^th)~~
~~N Pty Ltd (16^th)~~
~~Kingston Holdings Pty Ltd (17^th)~~
~~Kingston Pty Ltd (18^th)~~
~~O Pty Ltd (19^th)~~
O Pty Ltd (as Trustee of the P Unit Trust) (20^th)
~~Kingston Constructions Pty Ltd (21^st)~~
~~Q Pty Ltd (22^nd)~~
Q Pty Ltd (as Trustee of the Kingston Finance Unit Trust) (23^rd)
~~R Pty Ltd (24^th)~~
~~S Pty Ltd (25^th)~~
~~T Pty Ltd (26^th)~~
T Pty Ltd (as Trustee of the ~~Kingston Group Super Fund) (27^th)~~
~~T Pty Ltd (as Trustee of the Kingston Pty Ltd Super Fund) (28^th)~~
T Pty Ltd (as Trustee of the U Unit Trust) (29^th)
T Pty Ltd (as Trustee of the V Unit Trust) (30^th)
~~Kingston Developments Pty Ltd (31^st)~~

FILE NUMBER:

BRC

12882

2016

DATE DELIVERED:

18 August 2020

PLACE DELIVERED:

Brisbane

PLACE HEARD:

Brisbane

JUDGMENT OF:

Carew J

HEARING DATE:

1 – 4 June 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Dr Ingleby

SOLICITOR FOR THE APPLICANT:

HopgoodGanim Lawyers

COUNSEL FOR THE FIRST RESPONDENT:

Mr Kirk QC

SOLICITOR FOR THE FIRST RESPONDENT:

Hartley Healy

COUNSEL FOR THE THIRD PARTY RESPONDENTS:

Appearance excused (Ms Minnery appeared for part of the 3^rd day)

SOLICITOR…

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.

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Details

Case: [2020] FamCA 695
Decision Date: 18 August 2020

CaseChat Overview and Summary

In *Rigby and Kingston & Ors (No. 2)*, Carew J of the Family Court of Australia considered protracted and complex property proceedings between a husband and wife following the breakdown of a 24-year marriage. The proceedings were listed for a series of trial dates to address specific factual issues, with the initial dates dedicated to the hearing of evidence and cross-examination of witnesses.

The court was required to make findings in respect of these particular factual issues that had been settled by the parties.

The judgment indicates that findings were made concerning these factual issues. The court ordered that the matter be listed for a case management hearing on 9 September 2020 at 9:30 am. Publication of the judgment under the pseudonym Rigby & Kingston was approved by the Chief Justice pursuant to s 121(9)(g) of the *Family Law Act 1975* (Cth).

Orders

Orders of the court

ORDER

1. The matter be listed for a case management hearing on 9 September 2020 at 9.30am.

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 Rigby & Kingston 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).

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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