Scobie and Dudley and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

SCOBIE & DUDLEY & ANOR [2014] FCCA 816

Catchwords:
FAMILY LAW – Jurisdiction – accrued jurisdiction – powers of this Court – transfer to the Family Court of Australia.

Legislation:

Family Law Act 1975, s.79

Federal Circuit Court Rules 2001, r.8.02

Stanford v Stanford [2012] HCA 52
Hickey v Hickey & Attorney-General of the Commonwealth (Intervener) (2003) FLC 93-143

Selan & Selan [2013] 49 FamLR 164
Balceski v Balceski 2007 70 NSWLR 36

Applicant: MR SCOBIE

First Respondent: MS DUDLEY

Second Respondent: MS L DUDLEY

File Number: SYC 7106 of 2012

Judgment of: Judge Kemp

Hearing dates: 7, 8 & 9 April 2014

Date of Last Submission: 9 April 2014

Delivered at: Sydney

Delivered on: 9 April 2014

REPRESENTATION

Counsel for the Applicant: Mr Gruzman

Solicitors for the Applicant: Shipton & Associates Solicitors

Counsel for the First Respondent: Ms Bridger

Solicitors for the First Respondent: Ken Heasman Llb Solicitor

Counsel for the Second Respondent: Mr Underwood

Solicitors for the Second Respondent: Forsters Solicitors

ORDERS

1. The matter is transferred to the Family Court of Australia for directions on 16 June 2014 at 10.00am.

2. The costs of all parties are reserved.

IT IS NOTED that publication of this judgment under the pseudonym Scobie & Dudley & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT SYDNEY

SYC 7106 of 2012

MR SCOBIE

Applicant

And

MS DUDLEY

First Respondent

MS L DUDLEY

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. These proceedings commenced by the husband by way of an Initiating Application filed on 7 January 2013 with a first return date of 19 March 2013. 

2. On 19 March 2013, an interim order was made restraining the Second Respondent, Ms L Dudley, the mother of the First Respondent wife, from encumbering or further encumbering a property known as Property M, New South Wales, (“the property”).  The Respondents were directed to file and serve their Responses, Financial Statements and Affidavits and the matter was adjourned to 13 June 2013, before Judge Sexton. 

3. On 13 June 2013, the proceedings were adjourned to 27 August 2013 with directions that the wife’s solicitors within 14 days forward any request for further particulars of the husband’s claim and any request for financial documents within a further 14 days requesting any specific financial documents.

4. On 27 August 2013, the Court directed the parties to conciliate the matter at a Conciliation Conference scheduled on 23 October 2013 but also made orders for the matter to be allocated a final hearing date commencing 7 April 2014. 

5. A Conciliation Conference proceeded on 23 October 2013, but the matter did not resolve.

6. The matter then came before the Court on the first day of the hearing on 7 April 2014.

7. On the first day, an objection was taken in respect of the affidavit material of the husband which had referred to the existence of various diaries upon which the husband had relied in the preparation of his…