FAMILY COURT OF AUSTRALIA
| ROMANO & JUNE | [2010] FamCA 1027 |
| FAMILY LAW – PROPERTY – CHANGE OF VENUE – Husband’s application for transfer of proceedings to Family Court of Western Australia at Perth – Application dismissed FAMILY LAW – PROPERTY – Miscellaneous interlocutory and interim applications and orders |
| Family Law Act 1975 (Cth) ss 114(3), 79 Family Law Rules 2004 – Rules 11.17, 11.18 |
| Abella v Anderson (1987) 2 Qd R 1 Blueseas Investments Pty Ltd & Mitchell & McGillivray (1999) FLC 92-856 Cardisle v LED Builders Pty Ltd (1999) 198 CLR 380 |
| APPLICANT: | Ms Romano |
| RESPONDENT: | Mr June |
| FILE NUMBER: | BRC | 3679 | of | 2010 |
| DATE DELIVERED: | 29 October 2010 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | O'Reilly J |
| HEARING DATE: | 20 October 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Hackett |
| SOLICITOR FOR THE APPLICANT: | Mr Hirst Hirst & Co Family Solicitors |
| COUNSEL FOR THE RESPONDENT: | Mr St John SC |
| SOLICITOR FOR THE RESPONDENT: | Ms Pemberton Bowen Buchbinder Vilensky |
Orders
IT IS ORDERED
Wife’s application for interim orders by her amended initiating application filed 21 May 2010 – paragraphs 2, 4(d) and (g), 5(b) and (c)
Paragraph 2
Until the trial of this matter or earlier order the husband pay to National Australia Bank the amounts due in respect of “the mortgages” as defined in the wife’s amended initiating application filed 21 May 2010 in respect of “the properties” as defined in the wife’s amended initiating application filed 21 May 2010 as and when those amounts fall due.
The amounts so paid by the husband be taken into account at the trial of this matter as to whether they be characterised as contributions by the husband to those properties or otherwise.
Paragraphs 4(d) and (g)
The wife’s application for disclosure by the husband of the tax returns and financial statements of X1 Limited is dismissed.
The husband disclose to the wife copies of any statements or vouchers in relation to any credit cards used by him for the past three financial years.
Paragraphs 5(b) and (c)
UPON THE UNDERTAKING AS TO DAMAGES FILED BY THE WIFE ON 29 OCTOBER 2010 until further order the husband by himself his servants and agents is restrained by this order and there be an injunction so restraining him from causing X1 Limited from selling mortgaging transferring encumbering or otherwise dealing with any property in the ownership of X1 Limited without first obtaining either the prior written consent of the wife or an order of the Court.
The husband:
a. must not without giving the wife 21 days notice in writing of his intention to do so resign or offer to resign as a director of any of the following:
i.A Investments Pty Ltd
ii.K Pty Ltd
iii.B Ltd
b.upon being…
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- AGLC
- ROMANO & JUNE [2010] FamCA 1027
- Case
- [2010] FamCA 1027
- Decision Date
CaseChat Overview and Summary
The court was required to determine the husband's application for a change of venue and to rule on a range of interlocutory applications made by both parties concerning property, financial disclosure, and the husband's directorships. The wife also sought injunctions to restrain the husband from dealing with property owned by a company, X1 Limited, and to ensure he provided notice before resigning from directorships of other companies.
O'Reilly J dismissed the husband's application for a transfer of proceedings. The court made specific interim orders regarding mortgage payments on certain properties, requiring the husband to pay these amounts as they fell due, with these payments to be considered at trial. The wife's application for disclosure of X1 Limited's tax returns and financial statements was dismissed, but the husband was ordered to disclose his credit card statements and vouchers for the past three financial years. An injunction was granted, restraining X1 Limited from dealing with its property without the wife's consent or a court order, subject to an undertaking as to damages by the wife. The husband was also ordered to provide notice to the wife before resigning as a director of certain companies. The husband's application for the sale of specific properties was dismissed, as was the wife's application for him to provide notice of resignation from directorships with less than 48 hours' notice.
Otherwise, all other applications for interim or interlocutory relief by both parties were dismissed. The parties were directed to take steps to have the matter included in the Financial Fast Track Pilot Project for an expedited trial. Costs were reserved to the trial judge.
Orders
Orders of the court
IT IS ORDERED
Wife’s application for interim orders by her amended initiating application filed 21 May 2010 – paragraphs 2, 4(d) and (g), 5(b) and (c)
Paragraph 2
1.
Until the trial of this matter or earlier order the husband pay to National Australia Bank the amounts due in respect of “the mortgages” as defined in the wife’s amended initiating application filed 21 May 2010 in respect of “the properties” as defined in the wife’s amended initiating application filed 21 May 2010 as and when those amounts fall due.
2.
The amounts so paid by the husband be taken into account at the trial of this matter as to whether they be characterised as contributions by the husband to those properties or otherwise.
Paragraphs 4(d) and (g)
3.
The wife’s application for disclosure by the husband of the tax returns and financial statements of X1 Limited is dismissed.
4.
The husband disclose to the wife copies of any statements or vouchers in relation to any credit cards used by him for the past three financial years.
Paragraphs 5(b) and (c)
UPON THE UNDERTAKING AS TO DAMAGES FILED BY THE WIFE ON 29 OCTOBER 2010 until further order the husband by himself his servants and agents is restrained by this order and there be an injunction so restraining him from causing X1 Limited from selling mortgaging transferring encumbering or otherwise dealing with any property in the ownership of X1 Limited without first obtaining either the prior written consent of the wife or an order of the Court.
5.
The husband:
a. must not without giving the wife 21 days notice in writing of his intention to do so resign or offer to resign as a director of any of the following:
i. A Investments Pty Ltd
ii. K Pty Ltd
iii. B Ltd
b. upon being asked to resign or upon being removed from the board of directors of any company provide the wife with timely notice of such.
6.
Otherwise, the wife’s application that the husband not resign from any of the companies listed in par 5(c) of her amended initiating application filed 21 May 2010 without first giving the wife 48 hours notice of such intention and the reason for such intention is dismissed.
Husband’s response filed 2 August 2010 – paragraphs 1 – 10 and 11
7.
The husband’s application for sale of the properties at:
a. F Street Western Australia
b. E Street South Australia and
c. C Street Western Australia
and consequential orders is dismissed.
8.
The husband’s application for the transfer of these proceedings to the Family Court of Western Australia at Perth is dismissed.
Procedural
9.
The husband’s and the wife’s applications for procedural orders stand over until the next procedural Court event.
10.
The parties as soon as possible take all necessary steps for this matter to be included in the Financial Fast Track Pilot Project published by the Honourable Justice Murphy to the Family Law Practitioners Association at Brisbane so as to ensure a trial at Brisbane as soon as possible: see Annexure A to these orders.
Dismissal otherwise
11.
Otherwise, all applications for interim or interlocutory relief in the wife’s amended initiating application filed 21 May 2010 and the husband’s response filed 2 August 2010 are dismissed.
Costs
12.
The parties’ costs of and incidental to their applications heard before me on 22 October 2010 are reserved to the trial judge.
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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