Scozzari and Scozzari and Ors

FAMILY COURT OF AUSTRALIA

SCOZZARI & SCOZZARI AND ORS [2014] FamCA 812

FAMILY LAW – JURISDICTION – Accrued – Where the Court has jurisdiction to continue to hear these proceedings – Where adequate notice has been given to third parties – Where the court may appropriately make a determination under accrued jurisdiction or part VIIIAA of the Act effecting the rights and interests of third parties.
FAMILY LAW – INJUNCTIONS – Rights of third parties – Where the Court does not have power to prevent a third party from continuing legal proceedings already commenced in a different court.
FAMILY LAW – COSTS – Discretion – Where each party will bear his or her own costs.

Family Law Act 1975 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth)
Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)

Christie & Christie [2007] FamCA 125
Vella & Buchanan and Ors [2011] FamCA 483
Voth v Manildra Flour Mills Pty Ltd 1998 HCA 55 (1990) 171 CLR 538
Re Wakim (1999) 198 CLR 511

APPLICANT: Ms R Scozzari

RESPONDENT:

SECOND RESPONDENT:

THIRD RESPONDENT:

Mr Scozzari

Ms M Scozzari

Scozzari Pty Limited

FILE NUMBER: CAC 210 of 2013

DATE DELIVERED: 24 September 2014

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 18 September 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Wong

SOLICITOR FOR THE APPLICANT:	Farrar Gesini Dunn
SOLICITOR FOR THE RESPONDENT:	Ms Lyndon, Watts McCray

COUNSEL FOR THE SECOND AND THIRD

RESPONDENTS:  Mr Levet

SOLICITOR FOR THE SECOND AND THIRD

RESPONDENTS:  United Legal

Orders

1. The applicant wife’s application filed 16 June 2014 that the husband’s mother, Ms M Scozzari, and the company, Scozzari Pty Limited, be restrained from taking any further proceedings in the District Court and related matters is dismissed. 

2. The dispute between the applicant and the respondent about the division of property will proceed in the Family Court of Australia and as a consequence orders may be made pursuant to part VIIIAA of the Family Law Act 1975 and in particular under s 90AE in relation to the debt alleged to be due from the husband and the wife to Ms M Scozzari and or Scozzari Pty Limited. The determination of that issue may invoke the accrued jurisdiction of the Family Court of Australia.

3. Ms M Scozzari’s application for costs through her counsel Mr Levet is dismissed. 

IT IS NOTED that publication of this judgment by this Court under the pseudonym Scozzari & Scozzari and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 210 of 2013

Ms R Scozzari

Applicant

And

Mr Scozzari

Respondent

And

Ms M Scozzari
Second Respondent)

And

Scozzari Pty Limited
Third Respondent

REASONS FOR JUDGMENT

1. I indicated to the parties in Court what my decision was in relation to this matter and further indicated that if requested I would give written reasons for my decisions.  The request to provide those reasons was made. 

2. The proceedings…