FEDERAL CIRCUIT COURT OF AUSTRALIA
| SHORLAND & RICH | [2018] FCCA 1928 |
| Catchwords: FAMILY LAW – De Facto couple – Application for leave to institute property proceedings on the basis of hardship – section 44(6) – where the applicant is 9 months out of time – where the parties were in a de facto relationship for 8 years – where the respondent invites the Court to dismiss the application in accordance with the views expressed by the High Court in Stanford v Stanford – Costs. |
| Legislation: Family Law Act 1975, ss.44, 117 Federal Circuit Court Rules 2001 r.21.02 |
| Cases cited: Chancellor & McCoy [2013] FCCA 740 Sharp & Sharp [2011] FamCAFC 150 Slocomb & Hedgwood [2015] FamCAFC 219 Stanford v Stanford (2012) 247 CLR 108 Whitford& Whitford (1979) FLC 90-612 Yunghanns & Yunghanns (2000) FLC 93-029; (2000) 26 Fam LR 331 |
| Applicant: | MR SHORLAND |
| Respondent: | MS RICH |
| File Number: | SYC 4800 of 2016 |
| Judgment of: | Judge Monahan |
| Hearing date: | 29 March 2018 |
| Date of Last Submission: | 29 March 2018 |
| Delivered at: | Sydney |
| Delivered on: | 8 August 2018 |
REPRESENTATION
| Counsel for the Applicant: | Mr Schonell |
| Solicitors for the Applicant: | Michael Conley Lawyers |
| Counsel for the Respondent: | Mr Hodgson |
| Solicitors for the Respondent: | Andrew Cohen Solicitor |
ORDERS
THE COURT ORDERS THAT:
The Applicant have leave to institute proceedings under Part VIIIAB of the Family Law Act 1975 (Cth).
All extant applications be otherwise adjourned to this Court on 24 October 2018 at 9:30am for directions (“the directions hearing”).
Any Application in a Case or Objection to Subpoena made returnable by the Registry from the date of these orders until the date of the directions hearing will not be heard on that date without the express leave of Judge Monahan, however directions in respect of that Application or Objection may be given.
The Applicant make, file and serve any Further Amended Initiating Application, updated Financial Statement and supporting affidavit by no later than 4:00pm on 5 September 2018.
The Respondent, make file and serve an Amended Response, Financial Statement and affidavit in support by no later than 4:00pm on 3 October 2018.
The question of costs arising from this decision be reserved.
AND THE COURT NOTES THAT:
A.The directions hearing has been listed prior the commencement of final hearing listed that day.
B.The purpose of the directions hearing is to:
(i) consider any joint balance sheet;
(ii)if appropriate, consider referring the matter to a Conciliation Conference or private mediation;
(iii)ascertain whether the parties press any costs application or whether such are not sought or whether such may be deferred for consideration at any final hearing; and
(iv)in the event the parties remain in dispute, ascertain the ambit of the dispute and make further directions.
IT IS NOTED that publication…
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- Shorland and Rich [2018] FCCA 1928
- Case
- [2018] FCCA 1928
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to grant the applicant leave to proceed with their case under the specified part of the *Family Law Act*. Additionally, the court needed to manage the ongoing procedural aspects of the litigation, including the filing and service of further documents by both parties and the scheduling of future court events.
Judge Monahan granted the applicant leave to institute proceedings. The court then adjourned all extant applications to a directions hearing scheduled for 24 October 2018. At this directions hearing, the court intended to consider various matters, including any joint balance sheet, potential referrals to conciliation or mediation, the status of any costs applications, and, if disputes remained, to ascertain the scope of the disagreement and issue further directions. The court also made specific orders regarding the timelines for the parties to file and serve amended applications, financial statements, and supporting affidavits. The question of costs arising from this decision was reserved.
Orders
Orders of the court
THE COURT ORDERS THAT:
1.
The Applicant have leave to institute proceedings under Part VIIIAB of the Family Law Act 1975 (Cth).
2.
All extant applications be otherwise adjourned to this Court on 24 October 2018 at 9:30am for directions (“the directions hearing”).
3.
Any Application in a Case or Objection to Subpoena made returnable by the Registry from the date of these orders until the date of the directions hearing will not be heard on that date without the express leave of Judge Monahan, however directions in respect of that Application or Objection may be given.
4.
The Applicant make, file and serve any Further Amended Initiating Application, updated Financial Statement and supporting affidavit by no later than 4:00pm on 5 September 2018.
5.
The Respondent, make file and serve an Amended Response, Financial Statement and affidavit in support by no later than 4:00pm on 3 October 2018.
6.
The question of costs arising from this decision be reserved.
AND THE COURT NOTES THAT:
A. The directions hearing has been listed prior the commencement of final hearing listed that day.
B. The purpose of the directions hearing is to:
(i) consider any joint balance sheet;
(ii) if appropriate, consider referring the matter to a Conciliation Conference or private mediation;
(iii) ascertain whether the parties press any costs application or whether such are not sought or whether such may be deferred for consideration at any final hearing; and
(iv) in the event the parties remain in dispute, ascertain the ambit of the dispute and make further directions.
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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