Shuren & Fang (No 3)

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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

  1. 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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Details
Case
[2023] FedCFamC1F 906
Decision Date

CaseChat Overview and Summary

In the matter of Shuren & Fang (No 3), the Federal Circuit and Family Court of Australia addressed an ongoing dispute between Ms Shuren and Mr Fang concerning compliance with court orders regarding financial records. Ms Shuren sought enforcement of previous orders mandating the return of financial records from computers taken by Mr Fang. The matter involved B Pty Ltd, which was also a party to the proceedings.

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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