FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Shuren & Fang (No 3) [2023] FedCFamC1F 906
File number MLC 3815 of 2023 Judgment of WILSON J Date of judgment 20 October 2023 Catchwords FAMILY LAW – INJUNCTIONS – husband not fully complying with orders previously made for the return of financial records on computers taken by him – orders made for husband to exhaustively comply with orders previously made. Legislation Corporations Act 2001 (Cth), s 1306
Family Law Act 1975 (Cth), s 79A
Cases cited Shuren & Fang [2023] FedCFamC1F 712
Shuren & Fang(No 2) [2023] FedCFamC1F 880
Division Division 1 First Instance Number of paragraphs 17 Date of last submission 20 October 2023 Date of hearing 20 October 2023 Place Melbourne Counsel for the applicant Mr L Glick KC Solicitors for the applicant Australian Legal Advisory Centre Counsel for the first and second respondents Mr A Baker Solicitors for the first and second respondents Aston Legal Group Counsel for the third respondent Mr L Glick KC Solicitors for the third respondent Australian Legal Advisory Centre ORDERS
MLC 3815 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS SHUREN
Applicant
AND MR FANG
First Respondent
C PTY LTD
Second Respondent
B PTY LTD
Third Respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
20 OCTOBER 2023
THE COURT ORDERS THAT –
1.The husband whether by himself, his servants or agents or howsoever otherwise, print and deliver to the solicitors for the wife by 4:00pm today all books and records as defined by the Corporations Act 2001 and all financial documents of B Pty Ltd which are recorded or stored on any computer in the power, possession or control of the husband alleged by the wife as having been taken on 16 October 2023.
2.Orders regarding costs are hereby reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Shuren & Fang has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
WILSON J
This proceeding is in the Major Complex Financial Proceedings List of this court to determine a s 79A[1] application. Despite its relatively short life, the case has already been the subject of several applications before me, one in the anonymised case described as Shuren & Fang[2] and the second,…
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- Case
- [2023] FedCFamC1F 906
- Decision Date
CaseChat Overview and Summary
The legal issues central to the case were whether Mr Fang had fully complied with the previous court orders to return the financial records, and what further actions were necessary to ensure compliance. The court needed to determine whether Mr Fang's actions were sufficient and whether additional measures were required to enforce the orders.
The court found that Mr Fang had not fully complied with the previous orders for the return of the financial records. Wilson J ordered Mr Fang to print and deliver all books and records, as defined by the Corporations Act 2001, and all financial documents of B Pty Ltd that were stored on any computer in his possession. The court emphasised the need for exhaustive compliance with the previous orders, indicating that Mr Fang was to ensure that all specified documents were printed and delivered by a specific time. The court reserved orders regarding costs for a later determination.
Orders
Orders of the court
MLC 3815 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN
MS SHUREN
Applicant
AND
MR FANG
First Respondent
C PTY LTD
Second Respondent
B PTY LTD
Third Respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
20 OCTOBER 2023
THE COURT ORDERS THAT –
1. The husband whether by himself, his servants or agents or howsoever otherwise, print and deliver to the solicitors for the wife by 4:00pm today all books and records as defined by the Corporations Act 2001 and all financial documents of B Pty Ltd which are recorded or stored on any computer in the power, possession or control of the husband alleged by the wife as having been taken on 16 October 2023.
2. Orders regarding costs are hereby reserved.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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