Stennard & Stennard (No 3)
[2023] FedCFamC1F 1115
•19 December 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Stennard & Stennard (No 3) [2023] FedCFamC1F 1115
File number(s): CAC 2501 of 2020 Judgment of: GILL J Date of judgment: 19 December 2023 Catchwords: FAMILY LAW – PROPERTY – Application in a proceeding – Disclosure – Where the husband asserts that the requested disclosures have been made following the wife’s application – Where the wife has not thoroughly inspected the documents provided to her by the husband – Application refused Division: Division 1 First Instance Number of paragraphs: 7 Date of hearing: 19 December 2023 Place: Canberra Solicitor for the Applicant: Litigant in Person Solicitor for the Respondent: Ms Clifford, Dobinson Davey Clifford Simpson ORDERS
CAC 2501 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS STENNARD
Applicant
AND: MR STENNARD
Respondent
ORDER MADE BY:
GILL J
DATE OF ORDER:
19 DECEMBER 2023
THE COURT ORDERS THAT:
1.The wife’s application to urgently deal with an application in a proceeding purportedly filed on 15 December 2023, but in fact taken as filed on 18 December 2023, is refused.
2.Prior to any further dealing with that application the wife is to obtain the leave of the court in respect of that application.
3.In relation to any monies payable from the H Company sale and received by Mr Stennard, in the event that he expends any of those funds, he is to notify the wife in writing, of the sum and object of the expenditure within 48 hours of such having occurred in writing.
IT IS FURTHER ORDERED THAT:
4.The application for an order compelling the husband to produce a deed of family arrangement document is dismissed.
5.The application for market appraisal valuation documents is dismissed.
6.Prior to making any further application to the court in respect of disclosure, the wife must write to the solicitors for the husband seeking the disclosure that she requires.
7.Order 4 sought by the wife for all documents, including but not limited to F Company, G Company and H Company is dismissed.
8.Order 5 sought by the wife is dismissed.
9.Order 6 sought by the wife is dismissed.
10.In the event that the wife receives correspondence at the former matrimonial home addressed to the husband she is to promptly forward such to the solicitors for the husband.
11.On the solicitors for the husband receiving correspondence in accordance with the above order the husband is to take prompt steps to amend his address with the sender of the correspondence that has arrived at the former matrimonial home in his name.
IT IS FURTHER ORDERED THAT:
12.The wife is to file and serve a minute of orders sought in relation to the property proceedings by 4 pm on 16 January 2024.
13.The matter is adjourned to a date to be notified for the purpose of giving further trial directions.
IT IS NOTED THAT
14.It is not expected that this matter will receive a trial date in the first half of 2024.
15.Ms Stennard advises that it is her intention to obtain legal representation but notes that she may not be able to do that.
16.Given the unlikelihood that the matter will be reached in the first half of next year it may be observed that the parties will have a period of at least eight months to ready this matter for trial.
IT IS FURTHER ORDERED THAT
17.The husband’s costs of today’s application are 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 a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
GILL J
The wife seeks an order that a document she describes as a deed of family arrangement, as described on transfer documents attached to her affidavit of 13 November 2023, being documents that effected the transfer of real property following a bequest from the husband’s grandmother to him, should be produced to the wife. The transaction occurred approximately 20 years ago. The husband denies that there is such a document. I cannot be satisfied that the document is in existence or that it is in the control of the husband. Accordingly, I decline to make the order sought by the wife directing him to produce such document. I note that the rules cast an obligation upon the husband to disclose such document if it is in his possession or control in any event.
The wife sought the production of market appraisal valuation documents for properties the subject of the bequest being J Street, Suburb K and L Street, Suburb M as at 2005. The husband, following the making of that application and in the absence of any prior written communication seeking such, has made enquiries of the bank and obtained bank documents and provided such to the wife. The wife concedes that the bank documents are now produced to her, including bank valuations for the properties. The wife no longer presses the production of the market appraisal valuation documents.
The wife sought orders in respect of the production of settlement sheets in relation to the properties transferred to the husband as part of the bequest from his grandmother, along with bank documents in relation to pre-existing mortgages on any of those properties, along with bank documents in respect of a $1.1 million mortgage in respect of one of the properties following its transfer. The husband has provided a significant number of documents to the wife including the settlement sheets and including bank loan documents obtained from the bank in response to her application made to the court. The wife has only made a cursory inspection of the material and is unable to say whether or not the material that she requires has been produced. Accordingly, the wife’s application in a proceeding seeking the production of such documents is dismissed.
The wife sought documents in relation to the sale of an entity for which the husband was to receive a further sum approximating $1 million. She asserts that she has made multiple requests in respect of disclosure of documents. She accepts that the husband has provided such documents by filing material through the court portal which is now available to her.
The wife at order 5 sought that the husband provide a short affidavit to explain his relationship to NAB account ending …77 named N Company. The husband has provided a sworn explanation in relation to his connection to that account. The wife contests the adequacy of that and the content of it. However, the husband has done what it was that was requested of him in that order, and despite the wife’s pressing that the order remain in place it will be discharged on the basis that the husband has already done it in any event.
The wife sought an order that the husband change the address on his driver’s licence, the husband has provided evidence to indicate that that has occurred.
The wife seeks orders that the husband change his mailing address on the basis that she is still receiving mail in his name at the former matrimonial home where she resides. The husband complains that he is unaware of the mail that is arriving at the former matrimonial home and further complains that the wife is not providing him with that correspondence.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Gill. Associate:
Dated: 19 December 2023
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