ROMANO & JUNE
Case
•
[2010] FamCA 1027
•29 October 2010
Details
AGLC
Case
Decision Date
ROMANO & JUNE [2010] FamCA 1027
[2010] FamCA 1027
29 October 2010
CaseChat Overview and Summary
This matter concerned applications made by both the husband and wife in family law proceedings before O'Reilly J. The husband sought to transfer the proceedings to the Family Court of Western Australia at Perth, while the wife sought various interim orders relating to property and disclosure.
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Discovery
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Costs
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Jurisdiction
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Procedural Fairness
Actions
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Citations
ROMANO & JUNE [2010] FamCA 1027
Most Recent Citation
Romano and June (No 2) [2011] FamCA 537
Cases Cited
4
Statutory Material Cited
2
PT Bayan Resources TBK v BCBC Singapore Pte Ltd
[2015] HCA 36
Jackson v Sterling Industries Ltd
[1987] HCA 23
PT Bayan Resources TBK v BCBC Singapore Pte Ltd
[2015] HCA 36