Sitwell & Sitwell & Anor

[2013] FamCA 812

FAMILY COURT OF AUSTRALIA

SITWELL & SITWELL AND ANOR [2013] FamCA 812

FAMILY LAW – PRACTICE & PROCEDURE – Injunctions – Application by the wife to restrain the husband from disseminating details of the proceedings pursuant to s 114(3) of the Family Law Act 1975 (Cth) – Whether granting an injunction would be just and equitable - Consideration of the imposition of restraint on the husband against the protections provided by s 121 of the Family Law Act 1975 (Cth) – Where no proper basis has been established for the injunction sought by the wife – Application dismissed.

Family Law Act 1975 (Cth) s 121

APPLICANT: Ms Sitwell

RESPONDENT: Mr Sitwell

INTERVENER: TG Pty Limited

FILE NUMBER: PAC 5769 of 2010

DATE DELIVERED: 21 October 2013

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Johnston J

HEARING DATE: 21 October 2013

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Batey

SOLICITOR FOR THE APPLICANT: Champion Legal

FOR THE RESPONDENT: Mr Sitwell in person

SOLICITOR FOR THE INTERVENOR: Ms Oosterhoff, solicitor of Meyer Partners

Orders

1. That the wife’s Application in a Case filed on 21 October 2013 is dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym SITWELL & SITWELL 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 PARRAMATTA

FILE NUMBER: PAC 5769 of 2010

Ms Sitwell

Applicant

And

Mr Sitwell

Respondent

And

TG Pty Limited

Intervener

REASONS FOR JUDGMENT

1. This is an application by Ms Sitwell, to whom for convenience I shall refer as “the wife”, for certain injunctions as sought in an application in a case filed today, 21 October 2013.  The respondent to the application is Mr Sitwell, to whom for convenience I shall refer as “the husband”. 

2. The parties have been involved in litigation before this Court now for some years.  There remain a number of outstanding matters.  But this application seeks an order as follows:

   ·That pursuant to s 114(3) of the Family Law Act 1975 (Cth) (“the Act”) it be ordered that the respondent be restrained from publishing to any person, corporation or other entities, by any means whatsoever, any account of, or information with respect to, allegation made in, statement made or deposed in or for the purposes of, or other detail of any kind whatsoever, of any part of the proceedings which identifies, or might reasonably result in identification of:

   a)the parties to the proceedings, or either of them;

   b)a member of the families of the parties;

   c)the deponent of any affidavit sworn or affirmed in the proceedings;

   d)any person who has given evidence in the proceedings;

   e)pursuant to s 121(3)(vi) of the Act, the identity of any religious faith, organisation or church of which the parties are, or either of them is, have, or has, ever been a member or adherent, or any practice, teaching, pronouncement, or tenet of faith, alleged practice, teaching, pronouncement, or tenet of faith of such faith, organisation or…