Sheridan and Sheridan
[2014] FamCA 459
•20 June 2014
FAMILY COURT OF AUSTRALIA
| SHERIDAN & SHERIDAN | [2014] FamCA 459 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenas – wife sought leave to issue a subpoena to the husband’s employer – wife alleges husband has not disclosed income and assets pursuant to previous orders – wife sought leave to provide documents in Family Court of Australia proceedings to WorkCover SA – leave granted to issue subpoena and provide documents to WorkCover SA. |
Family Law Act 1975 (Cth)
Thornton & WorkCover Corporation of South Australia [2009] FamCA 449
| APPLICANT: | Ms Sheridan |
| RESPONDENT: | Mr Sheridan |
| INTERVENOR: |
| INDEPENDENT CHILDREN’S LAWYER: |
| FILE NUMBER: | ADC | 2309 | of | 2009 |
| DATE DELIVERED: | 20 June 2014 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 20 June 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | n/a |
| SOLICITOR FOR THE APPLICANT: | In Person |
| COUNSEL FOR THE RESPONDENT: | n/a |
| SOLICITOR FOR THE RESPONDENT: | In Person |
Orders
BY CONSENT IT IS ORDERED THAT
Paragraph 7 of the order of 17 June 2013 is varied to include the words “save and except that the injunction does not apply to the wife having contact with [Mr A SHERIDAN] provided such contact not take place at the husband’s place of employment”.
IT IS FURTHER ORDERED THAT
Within seven [7] days each of the parties sign a written authority to the school directing the school to provide information to the other party on an ongoing basis of all payments made by each of the parties for school fees for the child H.
The Contravention Application is listed for hearing on 9 July 2014 at 10.00 am before the Honourable Justice Dawe UPON NOTING that both parties are advised to obtain proper legal advice in relation to the Contravention Application.
The wife is granted leave to provide copies to WorkCover SA of documents (including subpoena and exhibits) in the Family Court of Australia proceedings between the parties.
The wife is granted leave to issue a subpoena to V Pty Ltd and Director Ms J to provide material in relation to the establishment of the business, the operation of the business and the employment of the husband PROVIDED THAT the same is issued within seven [7] days and made returnable before a Registrar in the normal course of events.
Within seven [7] days the husband to provide SA Water, Town E Council and Revenue SA his updated postal address and within seven [7] days the husband make arrangements to receive from those entities full service of proceedings outstanding and confirm within fourteen [14] days in writing to the wife that he has provided that address and made such arrangements for such service.
The wife’s Application in a Case filed on 23 May 2014 is dismissed and removed from the active pending cases list.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Sheridan & Sheridan 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 ADELAIDE |
FILE NUMBER: ADC 2309 of 2009
| Ms Sheridan |
Applicant
And
| Mr Sheridan |
Respondent
EX TEMPORE REASONS FOR JUDGMENT
There is no response filed in relation to the Application in a Case. The only document that is now before the Court from the husband is the affidavit which was filed on 18 June 2014. As pointed out by the wife, the document has considerable difficulties in its form, including some strange reference to “Asplin Rice afect”. Notwithstanding the difficulties in that document and noting that there has been no response to the Application in a Case, I will, however, receive the affidavit, giving it such weight as is appropriate in these circumstances.
In particular, some of the material contained therein would be inadmissible as an affidavit, it being in the form of submissions or argument. Annexed to the affidavit is, however, a letter dated 19 May 2014 from Business M, signed by Ms J, director, V Pty Ltd of which is offering a position of employment, payslip for $343.26 for the pay period 30 May 2014 to 1 June 2014, a payslip for the period 2 June 2014 to 8 June 2014 for a net payment of $666.80, and the same for a pay period from 9 June 2014 to 15 June 2014.
In relation to the contravention application that was filed on 23 May 2014, that contravention alleges a breach of paragraph 17 of the order of 17 June 2013, which provides that:
Both parties are required to give full inspection of all relevant documents, in accordance with the rules, and in any event at least 14 days before the resumption of trial.
The complaint is that the husband:
…without reasonable excuse, has not provided me with details of his employment or significant change to his income within seven days.
There is a reference to paragraph 13 of the order of 17 June 2013 which is the order which provides:
Within 14 days from today, the husband provides the wife copies of all water, electricity and council rates.
…
and further provides that:
All outstanding debts in relation to water, electricity and council rates be paid by the husband within 21 days of receipt of any account relating to the same.
The allegation is that the husband has:
…without reasonable excuse, failed to pay the outstanding water, electricity and council rates for [G Street]. …
The affidavit in support of that Contravention application is, I assume, the affidavit also filed on 23 May, which has been referred to in the Application in a Case proceedings.
The Contravention application is listed for hearing before me on 9 July at 10.00 am. Both parties are advised to obtain proper legal advice in relation to the Contravention application.
In relation to the Application in a Case filed by the wife on 23 May 2014, the first order which is sought is “the wife be at liberty to release all materials, including subpoenaed material, to assist WorkCover investigate the husband’s fraudulent behaviour”. In that regard, the material before the Court is extremely large and now contains 266 documents. That does not include any transcript or orders of the Court.
The legislation provides that it is not possible for a party to release the material to a section of the public or the media. That would be committing an offence. It is also clearly an implied obligation, as spelt out in many of the cases that the information obtained by a party in these proceedings is not to be used for any other purpose, save and except with the leave of the Court.
In relation to the release of the material to WorkCover, I rely upon a former decision of mine in the matter of Thompson & WorkCoverCorporation of South Australia [2009] FamCA 449 in which the material in the Family Court proceedings was released to WorkCover on the basis that the public interest overrides the need for protection of privacy in that circumstance, which is similar to these circumstances.
It does not mean that the WorkCover organisation will be required to use them. It means that the wife can release the documents to WorkCover and WorkCover has them available to assist in any investigation. Any determination WorkCover make in relation to the use of the documents will be entirely up to WorkCover. I therefore grant the wife leave to provide copies to WorkCover SA of documents, including subpoenas and exhibits, in the Family Court of Australia proceedings between the parties.
The Application in a Case then deals with the order in relation to Mr A Sheridan. I have already dealt with that by consent of the parties.
Paragraph 3 of the Application in a Case provides that:
The husband provide all particulars to the Court, including but not limited to bank accounts, lease agreements, receipts for equipment purchased for the setting up and running of [Business M] at [U Shopping Centre], within seven days.
The husband asserts from the bar table that he does not have an interest in that business and is merely an employee. He has produced, annexed to his affidavits, correspondence indicating that the company is his employer. The information which might be available to ascertain the correct financial circumstances of the husband and his ability to make payments referred to in existing orders would be information which could be obtained by the wife being given leave to subpoena the records of the business known as Business M from the entity which runs the business.
I therefore grant leave to the wife to issue a subpoena to V Proprietary Limited and the director, Ms J.
The wife also seeks today by way of oral request, orders by way of garnishee of the wages of the husband with that entity. That application is not before the Court.
The rules in relation to garnishee of wages need to be considered.
The husband has indicated from the bar table that he was not aware of proceedings in the other State Courts in relation to the debts due in relation to the Town E Council or SA Water.
To overcome any difficulties in that regard, therefore, the husband is ordered to, within seven days, provide to the Town E Council and the SA Water rates department his full postal address for service and confirm, in writing, to the wife that such information has been provided, within 14 days.
The Application in a Case in relation to the material filed on 23 May 2014 is, therefore, dismissed.
I certify that the preceding twenty-one (21) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe delivered on 20 June 2014.
Associate:
Date: 27 June 2014
0
1
0