FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Ristani & Ristani [2025] FedCFamC2F 569
File number(s): BRC 1568 of 2024 Judgment of: JUDGE O'SHANNESSY Date of judgment: 12 May 2025 Catchwords: FAMILY LAW – Joinder of third parties – injunction or undertaking – sham transactions alleged – one party joined – undertaking sufficient. Legislation: Family Law Act 1975 (Cth) ss 79
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 3.01, r 3.04 & r 10.18
Cases cited: Benson & Drury [2020] FamCAFC 303
Bonnici & Bonnici (1991) FLC 92-272
Dickons & Dickons [2012] FamCAFC 154
Fields & Smith (2015) FLC 93-638
Gosper & Gosper (1987) FLC 91-818
Hoffman & Hoffman (2014) FLC 93-591
Hurst & Hurst (2018) FLC 93-851
Kessey & Kessey (1994) FLC 92-495
Lovine & Connor and Anor (2012) FLC 93-515
Rigby & Kingston (No 3) [2021] FamCA 146 (‘Rigby’)
Shamon & Shamon (No 12) [2024] FedCFamC1F 69
Wallis & Manning (2017) FLC 93-759
Division: Division 2 Family Law Number of paragraphs: 85 Date of hearing: 11 December 2024 Place: Melbourne Counsel for the Applicant: Mr Mellas Solicitor for the Applicant: Evans Brandon Family Lawyers Counsel for the First Respondent: Mr Looney KC Solicitor for the Respondent: Pullos Lawyers Counsel for the Second Respondent: Ms Tabbenor Solicitor for the Second Respondent: Barry Nilsson Lawyers ORDERS
BRC 1568 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR RISTANI
Applicant
AND: MS RISTANI
First Respondent
MR B RISTANI
Second Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
12 MAY 2025
THE COURT ORDERS BY CONSENT THAT:
Return of Funds to Offset Account
1.That the sum of $420,000 held in the trust account of Pullos Lawyers, be paid within two (2) business days into the following joint offset account:
Name: Mr Ristani & Ms Ristani
Bank: C Bank
BSB No.: …01
Account No: …28
2.Following the payment in the preceding Order, the Applicant Husband and Respondent Wife shall make no further withdrawal from the parties’ offset account ending in …28, unless with the prior written consent of the other party or pursuant to an Order of the Court.
Definitions
3.For the purpose of these Orders:
3.1. Husband’s “music collection” means the following items situated at D Street, Suburb E, Queensland:
(a)All discs, vinyls, cassettes and cd’s.
(b)All band memorabilia.
(c)All magazines.
(d)All band merchandise.
(e)All collector’s editions and box sets including any limited-edition albums, special collections or box sets.
(f)All musical instruments.
3.2. The “husband’s entities and trusts” means any corporate entity and trust in which the husband has a legal or beneficial interest, and including the following:
(a)F Pty Ltd.
(b)G Pty Ltd.
(c)F Trust.
(d)H Trust.
3.3. The Husband’s “valuables” means the following:
(a)Valuables 1.
(b)Valuables 2.
(c)Valuables 3.
(d)Valuables 4.
(e)Valuables 5.
(f)Valuables 6.
(g)Valuables 7.
(h)Valuables 8.
(i)Valuables 9.
(j)Valuables 10
(k)Valuables 11.
(l)Valuables 12.
(m)Valuables 13.
(n)Valuables 14.
(o)Valuables 15.
(p)Valuables 16.
(q)Valuables 17.
(r)Valuables 18.
(s)Valuables 19.
(t)Valuables 20
(u)Valuables…
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- AGLC
- Ristani & Ristani [2025] FedCFamC2F 569
- Case
- [2025] FedCFamC2F 569
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to resolve were whether the joinder of Mr B Ristani was appropriate and whether an undertaking or an injunction was necessary to prevent the dissipation of assets. The court also needed to decide on the valuation of specific assets and the allocation of costs for expert valuations. Another key issue was the disclosure of documents related to financial transactions and the enforcement of obligations under certain deeds.
Judge O'Shannessy ruled that the joinder of Mr B Ristani was appropriate given the allegations of sham transactions. The court found that an undertaking from the parties was sufficient to prevent the dissipation of assets rather than imposing an injunction. The court ordered the return of $420,000 from a trust account to a joint offset account, with restrictions on further withdrawals without consent or court order. Additionally, the court appointed experts to value the husband's music collection, valuables, entities, and trusts, and to investigate specific payments listed in Annexure A. The husband was required to provide extensive disclosure of financial and legal documents, while the costs for the Annexure A investigation were to be borne by the wife initially, with any husband's contribution reserved for trial.
The court's orders ensured that specific assets were valued and managed appropriately, and that the parties complied with extensive disclosure requirements. The decision underscored the importance of transparency and the equitable distribution of financial information in family law proceedings.
Orders
Orders of the court
BRC 1568 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR RISTANI
Applicant
AND:
MS RISTANI
First Respondent
MR B RISTANI
Second Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
12 MAY 2025
THE COURT ORDERS BY CONSENT THAT:
Return of Funds to Offset Account
1. That the sum of $420,000 held in the trust account of Pullos Lawyers, be paid within two (2) business days into the following joint offset account:
Name: Mr Ristani & Ms Ristani
Bank: C Bank
BSB No.: …01
Account No: …28
2. Following the payment in the preceding Order, the Applicant Husband and Respondent Wife shall make no further withdrawal from the parties’ offset account ending in …28, unless with the prior written consent of the other party or pursuant to an Order of the Court.
Definitions
3. For the purpose of these Orders:
3.1. Husband’s “music collection” means the following items situated at D Street, Suburb E, Queensland:
(a) All discs, vinyls, cassettes and cd’s.
(b) All band memorabilia.
(c) All magazines.
(d) All band merchandise.
(e) All collector’s editions and box sets including any limited-edition albums, special collections or box sets.
(f) All musical instruments.
3.2. The “husband’s entities and trusts” means any corporate entity and trust in which the husband has a legal or beneficial interest, and including the following:
(a) F Pty Ltd.
(b) G Pty Ltd.
(c) F Trust.
(d) H Trust.
3.3. The Husband’s “valuables” means the following:
(a) Valuables 1.
(b) Valuables 2.
(c) Valuables 3.
(d) Valuables 4.
(e) Valuables 5.
(f) Valuables 6.
(g) Valuables 7.
(h) Valuables 8.
(i) Valuables 9.
(j) Valuables 10
(k) Valuables 11.
(l) Valuables 12.
(m) Valuables 13.
(n) Valuables 14.
(o) Valuables 15.
(p) Valuables 16.
(q) Valuables 17.
(r) Valuables 18.
(s) Valuables 19.
(t) Valuables 20
(u) Valuables 21
(v) Valuables 22.
(w) Valuables 23
(x) Valuables 24
(y) Valuables 25
(z) Valuables 26
(aa) Valuables 27.
(bb) Valuables 28
(cc) Valuables 29
(dd) Valuables 30
(ee) Valuables 31
(ff) Valuables 32
(gg) Valuables 33
(hh) Valuables 34
3.4. The Wife’s “valuables and jewellery collection” means all valuables and jewellery in her possession or control.
Valuation of the Husband’s Music Collection
4. That J Company be appointed as Single Expert Witness to value the husband’s music collection, as defined in Order 3.1 above, and for that purpose:
4.1. The parties send a joint letter of instruction to the Single Expert Witness requesting that they prepare a report within 14 days.
4.2. If the form of wording of the expert’s instructions cannot be agreed, then each party must instruct the Single Expert Witness within a further 7 days, providing a copy of the letter of instructions to all parties in the proceedings.
4.3. The husband and wife shall share equally in the costs of the Single Expert Witness fees to prepare the report;
4.4. The husband and wife comply with all reasonable requests and produce any document requested by J Company within 7 days of such request being made, to the extent those documents are within the party’s power, possession or control.
4.5. The husband make available to J Company the complete music collection.
Valuation of the Husband’s Valuables Collection and the Wife’s Valuables and Jewellery Collection
5. J Company be appointed to value the Husband’s valuables collection and the Wife’s valuables and jewellery collection, as defined in Orders 3.3 and 3.4
herein, and for that purpose:
5.1. The parties send a joint letter of instruction to the Single Expert Witness requesting that they prepare a report within 14 days.
5.2. If the form of wording of the expert’s instructions cannot be agreed, then each party must instruct the Single Expert Witness within a further 7 days, providing a copy of the letter of instructions to all parties in the proceedings.
5.3. The husband and wife shall share equally in the costs of the Single Expert Witness fees to prepare the report;
5.4. The husband and wife comply with all reasonable requests and produce any document requested by J Company within 7 days of such request being made, to the extent those documents are within the party’s power, possession or control.
5.5. The husband make available to J Company the complete valuables collection.
Valuation of the Husband’s Entities and Trusts
6. Mr K of L Company be appointed as Single Expert Witness to prepare a valuation of the husband’s entities and trusts, as defined in Order 3.2 herein (‘the Business Valuation’), and for that purpose:
6.1. Single Expert Witness must be instructed in accordance with Rule 7.13 of the Rules, however:
(a) If the form of wording of the expert's instructions cannot be agreed within 14 days, then each party must instruct the Single Expert Witness within a further seven (7) days, providing a copy of the letter of instruction to all parties in the proceedings, but otherwise;
(b) Rule 7.03 of the Rules, applies, preventing either party from unilaterally communicating with the Single Expert Witness.
6.2. Within twenty-one (21) days of the date of these Orders, the husband is to execute an authority to be addressed to each of the accountant/s engaged to provide advice to or undertake accounting for any of the husbands entities and trusts, such authority to be provided to the Single Expert Witness to enable the valuer to liaise with the said accountant(s);
6.3. The husband and wife shall share equally in the costs of the Single Expert Witness fees to prepare the report;
6.4. The husband and wife must provide any document requested by the Single Expert Witness within seven (7) days of receiving such a request, to the extent those documents are within the party's power, possession, or control;
6.5. Within twenty-one (21) days of receiving the report of the Single Expert Witness, the husband file and serve upon each other party an Affidavit annexing that report (whether or not such date precedes or post-dates the next Court event).
AND THE COURT ORDERS THAT:
The six transaction Annexure A investigation
7. That, in addition to and at the same time as the Business Valuation, L Company be appointed to provide a report on the relevant payments made and the purposes of those payments, with the payments listed in Annexure A (‘the Annexure A Addition Report), and for that purpose:
7.1. The parties send a joint letter of instruction to the Single Expert Witness requesting that they prepare a report within 14 days.
7.2. If the form of wording of the expert’s instructions cannot be agreed, then each party must instruct the Single Expert Witness within a further 7 days, providing a copy of the letter of instructions to all parties in the proceedings.
7.3. The Husband must comply with all reasonable requests and produce any document requested by L Company within 7 days of such request being made, to the extent that those documents are within his power, possession or control.
7.4. The costs of the Single Expert Witness fees to prepare the Annexure A Additional Report shall be paid by the Wife in the first instance and any contribution to the cost by the Husband be reserved to Trial.
AND THE COURT ORDERS BY CONSENT THAT:
Disclosure
8. That within 24 hours of the making of these Orders the husband provide to the wife any documents in his power, possession or control not already disclosed in relation to all payments made pursuant to the Deeds entered into between Mr Ristani, M Pty Ltd as Trustee for the N Family Trust, G Pty Ltd and Dr O and Ms P (“the N Company entities”) dated November 2021 and August 2022 together with all correspondence between the parties to those Deeds, or their legal representatives, in relation to the enforcement of the obligations pursuant to those Deeds.
9. Within fourteen (14) days the husband provide disclosure to the wife of the following in his power, possession or control:
9.1. All correspondence and documents exchanged between the husband, the N Company entities, and any agent acting on behalf of the husband or the N Company entities, in relation to the purchase of the Q Company business.
9.2. All correspondence and documents, including all correspondence between the Husband and any professional on his behalf and the N Company entities or any professional on their behalf in relation to the payment to the Husband or the “husband’s entities and trusts” and/or the Reimbursement Amount.
9.3. All contracts of employment between the husband and Q Company or the N Company entities and all correspondence relating to the terms of the husband’s employment including documents related to any bonuses and the calculation or negotiation of bonus amounts.
9.4. Banking records including bank statements, mortgage statements, credit card statements, deposit / withdrawal records for all accounts in the husband’s name, or held for his benefit, whether solely or jointly with another person or held by a company or trust in which he has an interest or over which he has control and whether in Australia or in any other jurisdiction, for the period 14 February 2015 (being the date of separation per husband’s Initiating Application) to current date.
9.5. For all superannuation funds in which the husband is a member of, whether in Australia or in any other jurisdiction, the last available member statement and evidence of its current balance.
9.6. For any and all investments/shares in which the husband holds an interest in, whether in Australia or in any other jurisdiction, or under in which the husband has a legal or beneficial interest, the most recent holding statement and transaction listing showing all deposits and withdrawals for the period 14 February 2015 to current date.
9.7. For any and all corporate entities for in which the husband has a legal or beneficial interest, the following:
(a) Company constitution and any amending constitution thereto.
(b) Tax returns and financial statements for the last seven financial years.
(c) Business activity statements for the last twelve months.
(d) Details of all assets owned and liabilities owed.
(e) Shareholder agreements.
9.8. For any and all trusts in which the husband has a legal or beneficial interest, the following:
(a) Trust deeds and any amending deed thereto.
(b) Tax returns and financial statements for the last seven financial years.
(c) Business activity statements for the last twelve months.
(d) Loan account ledgers.
(e) Unpaid beneficiary entitlement ledgers.
(f) Details of all trust assets and liabilities.
(g) Details of any family trust election.
9.9. In relation to which the husband has become entitled or has interest in, any inheritance since 14 February 2015 (Husband’s contended date of separation), including but not limited to (including in relation to the estate of his late Father) all documents that are relevant to any estate in which the Husband is entitled to an interest or has received a distribution, including but not limited to:
(a) Copy of the Last Will and Testament.
(b) Any and all Deed of Indemnity and Release.
(c) All schedules of distributions.
(d) All correspondence between the Husband and the executor, and/or any other person acting on behalf of the estate.
AND THE COURT ORDERS THAT:
10. The adult child of the Husband and Wife, Mr B Ristani, be joined as a party to these proceedings.
11. Within seven (7) days of these orders, Mr B Ristani file and serve a Notice of Address for Service.
12. The parties do all acts and things to give effect to the orders of 11 June 2024 as to the valuation of the Country R properties.
13. In the event that the Second Respondent, Mr B Ristani, seeks any order to costs in regard to these proceedings, such application be made within 14 days and be by way of short written submission sent to Chambers of Judge O’Shannessy by email and if made, any response be within a further 14 days in short written submission emailed to my Chambers.
14. All other extant interim applications are dismissed.
‘Annexure A’
Date
Amount
Description
Payer
11.07.2016
$250,000
“Withdrawal”
NAB Account #...40
07.04.2017
$90,000
“Term Deposit”
NAB iSaver Account #...85
05.12.2017
$348,040.85
“Term Deposit”
NAB Term Deposit #...89
28.11.2021
$50,000
“[…]” offset
S Bank Offset Account
#...28
28.11.2021
$500,000
“[…]” offset
S Bank Offset Account
#...28
30.11.2021
$20,000
“[…]transfer”
S Bank Offset Account
#...28
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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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