FAMILY COURT OF AUSTRALIA
Rigby & Kingston (No. 3) [2021] FamCA 146
File number(s): BRC 12882/2016 Judgment of: CAREW J Date of judgment: 22 March 2021 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Disjoinder – Where 20th, 23rd, 29th and 30th respondents argue that the husband has not complied with his obligation to amend his final relief sought – Where no order is sought against the respondents and no contentions of fact or law have been pleaded to justify the respondents remaining in the proceedings – Where it is found that in the absence of any pleading identifying how the rights of the parties may be directly affected, it is not apparent why the 20th, 23rd, 29th and 30th respondents should remain as parties to the proceedings – Where the husband has failed to establish how the 20th, 23rd, 29th and 30th respondents are necessary parties to the proceedings and are to be removed.
FAMILY LAW – PRACTICE AND PROCEDURE – Registrar – Review of decision – Where the other respondents sought a review of the deputy registrar’s decision to dismiss 19 objections to subpoena to produce documents – Where the named persons who are required to produce documents pursuant to subpoena argue that apparent relevant cannot be established, that the subpoenas are oppressive and that the subpoenas have been issued for the purpose of discovery – Where it is found that the objection taken on the grounds of relevance fails as the documents defined have an apparent relevance to the claim made by the husband – Where it is found that the named persons have established oppression in relation to the definition of “related entities” as the named person would be required to make a judgment about what is a “related entity” and a judgment of that nature is not a straightforward task – Where it is found that the subpoenas do not seek to impose on the named persons a process of discovery as the subpoenas seek production of identified documents from defined entities – Where aspects of the 19 objections to the production of subpoenas are upheld.
FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas- Conduct Money – Where the husband paid the minimum amount of conduct money to each named person served with a subpoena – Where the named persons incurred further costs – Where it is found that the named persons have incurred a substantial expense that is greater than the amount of conduct money paid – Where the husband is ordered to pay the further specified amount by way of conduct money.
Legislation: Corporations Act 2001 (Cth)
Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth)
Cases cited: Commissioner for Railways v Small (1938) 38 SR (NSW) 564
Fordyce v Ryan (2017) 2 Qd R 240
Hatton v Attorney General of the Commonwealth of Australia and Ors (2000) FLC 93-038
Moriarty & Moriarty (2009)
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- AGLC
- Rigby & Kingston (No. 3) [2021] FamCA 146
- Case
- [2021] FamCA 146
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the 20th, 23rd, 29th, and 30th respondents should be removed from the proceedings, given the absence of pleaded claims against them and their assertion that their rights were not directly affected. Furthermore, the court had to consider the validity of objections to subpoenas, specifically whether the documents sought were relevant, whether the subpoenas were oppressive, and if they were being used for discovery. The court also needed to address the adequacy of conduct money paid by the husband to those served with subpoenas.
In relation to the disjoinder applications, the court found that the husband had failed to establish why the 20th, 23rd, 29th, and 30th respondents were necessary parties, as no specific claims or contentions of fact or law had been pleaded to justify their continued inclusion. Regarding the subpoenas, the court determined that the documents sought had an apparent relevance to the husband's claims. However, it found that the definition of "related entities" within the subpoenas was oppressive, requiring the named persons to make subjective judgments. The court also clarified that the subpoenas sought production of identified documents rather than imposing a general discovery process. Consequently, aspects of the objections were upheld, and the husband was ordered to pay additional conduct money to cover the substantial expenses incurred by the subpoenaed parties.
The court ordered the removal of the 20th, 23rd, 29th, and 30th respondents as parties to the proceedings. It dismissed an application seeking a review of the deputy registrar’s decision to hear objections to subpoenas in chambers without an oral hearing. The court also upheld objections to the production of documents in accordance with certain subpoenas to the extent that the definition of "related entities" was found to be oppressive, limiting the scope of documents to be produced. Finally, the husband was ordered to pay a specified additional amount for conduct money.
Orders
Orders of the court
1. The 20th, 23rd, 29th and 30th respondents be removed as parties to the proceedings.
2. The application in a case filed 4 March 2021 seeking a review of the Deputy Registrar’s decision to hear the objections to subpoena in chambers without an oral hearing be dismissed.
3. Paragraph 2 of the husband’s Response to the Applications in a Case filed 10 March 2021 as amended by leave on 11 March 2021, to discharge the stay of the third party respondents’ obligations, including any disclosure obligations, be adjourned for mention on 13 April 2021 at 10.00am.
4. The order made on 5 March 2021 be discharged.
5. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by T Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, T Pty Ltd in its own right and/or in its capacity as trustee for the Kingston Group Super Fund, and/or in its capacity as trustee for the Kingston Pty Ltd Super Fund and/or in its capacity as trustee for the U Unit Trust and/or in its capacity as trustee for the V Unit Trust, is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, T Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(c) In relation to subparagraph 3(c) of the subpoena, T Pty Ltd in its capacity as trustee for the Kingston Group Super Fund is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(d) In relation to subparagraph 3(d) of the subpoena, T Pty Ltd in its capacity as trustee for the Kingston Pty Ltd Super Fund is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(e) In relation to subparagraph 3(e) of the subpoena, T Pty Ltd in its capacity as trustee for the U Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(f) In relation to subparagraph 3(f) of the subpoena, T Pty Ltd in its capacity as trustee for the V Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
6. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by S Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, S Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, S Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
7. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Q Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Q Pty Ltd in its own right and/or in its capacity as trustee for the Kingston Finance Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Q Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(c) In relation to subparagraph 3(c) of the subpoena, Q Pty Ltd in its capacity as trustee for the Kingston Finance Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
8. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by O Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, O Pty Ltd in its own right and/or in its capacity as trustee for the P Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, O Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(c) In relation to subparagraph 3(c) of the subpoena, O Pty Ltd in its capacity as trustee of the P Unit Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
9. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston (NSW) Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston (NSW) Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston (NSW) Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
10. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Constructions Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Constructions Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as they are not defined.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Constructions Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as they are not defined.
11. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Developments Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Developments Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Developments Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
12. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Group Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Group Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Group Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
13. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Holdings Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Holdings Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Holdings Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
14. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
15. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by N Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, N Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, N Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
16. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by Kingston Consolidated Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, Kingston Consolidated Pty Ltd in its own right and/or in its capacity as trustee for the Kingston Group Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, Kingston Consolidated Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(c) In relation to subparagraph 3(c) of the subpoena, Kingston Consolidated Pty Ltd in its capacity as trustee for the Kingston Group Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
17. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by K Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, K Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, K Pty Ltd in its own right is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(c) In relation to subparagraph 3(c) and 3 (d) of the subpoena, K Pty Ltd in its capacity as trustee for the Kingston Family Trust and /or in its capacity as trustee for Kingston Special Trust is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
18. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by J Holdings Pty Ltd (Registered Number …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, J Holdings Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, J Holdings Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
19. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by J Pty Ltd Registered Number … on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, J Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, J Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
20. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by R Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, R Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, R Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
21. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by L Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, L Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, L Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
22. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by H Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, H Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, H Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
23. The objection to the production of documents in accordance with a subpoena issued 21 December 2020, filed by M Pty Ltd (ACN: …) on 11 January 2021 be upheld to the following extent:
(a) In relation to subparagraph 3(a) of the subpoena, M Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
(b) In relation to subparagraph 3(b) of the subpoena, M Pty Ltd is not required to produce any documents for ‘related entities’ of the wife as defined in the subpoena other than the following:
(i) Kingston Testamentary Trust;
(ii) E Pty Ltd;
(iii) Ms Kingston Family Trust; and
(iv) D Pty Ltd.
24. Subject to the provisions of this order, leave is granted to the legal representatives for the parties to inspect and copy documents produced by the following named persons required to produce documents pursuant to subpoenas issued on 21 December 2020:
(a) T Pty Ltd;
(b) S Pty Ltd;
(c) Q Pty Ltd;
(d) O Pty Ltd;
(e) Kingston (NSW) Pty Ltd;
(f) Kingston Constructions Pty Ltd;
(g) Kingston Developments Pty Ltd;
(h) Kingston Group Pty Ltd;
(i) Kingston Holdings Pty Ltd;
(j) Kingston Pty Ltd;
(k) N Pty Ltd;
(l) Kingston Consolidated Pty Ltd;
(m) K Pty Ltd;
(n) J Holdings Pty Ltd;
(o) J Pty Ltd;
(p) R Pty Ltd;
(q) L Pty Ltd;
(r) H Pty Ltd; and
(s) M Pty Ltd.
25. The husband shall pay within 90 days an additional $7,367.45 to the named persons required to produce documents pursuant to subpoenas issued on 21 December 2020.
26. The Applications in a Case filed 3 March 2021 and 8 March 2021 and the Response filed 10 March 2021 as amended by leave on 11 March 2021 be otherwise dismissed save as to costs.
27. Any application for costs be determined in chambers upon the filing of written submissions within 14 days unless a party requests the matter to be listed for an oral hearing.
Note: The form of the order is subject to the entry in the Court’s records.
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 17.02 Family Law Rules 2004 (Cth).
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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