Strahan and Strahan & Ors - [2020] FamCA 27

FAMILY COURT OF AUSTRALIA

STRAHAN & STRAHAN AND ORS

[2020] FamCA 27

FAMILY LAW – PRACTICE AND PROCEDURE – Method of payment of judgment sum – machinery provision – solicitors’ claimed “fruits of litigation liens” – order for payment into court of judgment sum.

Family Law Act 1975 (Cth), ss.79, 79(10), 79(10)(a), 117(1), 117B(1), 117B(2)
Legal Practitioners Act 1981 (SA), sch.3, 37(4)
Family Law Rules 2004 (Cth), r 5.01, 6.06, 6.06(1), 6.06(2), 15.08(2), 20.07

Ravasini & Ravasini (1983) FLC 91-312
Molier & Van Wyk (1980) FLC 90-911
Carew Counsel Pty Ltd v French [2002] VSCA 1
Firth v Centrelink & Anor [2002] NSWSC 564
Griffiths v Evans [1953] 2 All E R 1364
Harvey & Phillips (1956) 95 CLR 235
Ex parte Patience; Makinson v The Minister (1940) 40SR (NSW) 96

APPLICANT:

Ms Strahan

RESPONDENT:

Mr Strahan

FIRST INTERVENOR:

PP Lawyers Pty Ltd and

Ms PP

SECOND INTERVENOR:

NF Pty Ltd

THIRD INTERVENOR:

NS Company Pty Ltd

FILE NUMBER:

ADF

228

2005

DATE DELIVERED:

24 January 2020

PLACE DELIVERED:

Adelaide

PLACE HEARD:

Cairns – 17 December 2018, 5 March 2019 & 30 April 2019;

Adelaide – 22 July 2019

JUDGMENT OF:

Mead J

HEARING DATE:

Tree J – 17 December 2018, 5 March 2019 & 30 April 2019;
Mead J – 22 July 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Williams QC

SOLICITOR FOR THE APPLICANT:

McInnes Wilson Lawyers

COUNSEL FOR THE RESPONDENT:

Mr Kennedy

SOLICITOR FOR THE RESPONDENT:

Kennedy Partners

COUNSEL FOR THE FIRST INTERVENOR:

Mr Stratton-Smith of Counsel

SOLICITOR FOR THE FIRST INTERVENOR:

Mr PP, Solicitor

COUNSEL FOR THE SECOND INTERVENOR:

Mr NF

SOLICITOR FOR THE SECOND INTERVENOR:

NF Pty Ltd Lawyers

COUNSEL FOR THE THIRD INTERVENOR:

No appearance

SOLICITOR FOR THE THIRD INTERVENOR:

NS Company

*Pursuant to Regulation 17.02(1)(e) of the Family Law Rules 2004 this order is amended on 29 January 2020.

Orders

That to the extent that it is necessary PP Lawyers Pty Ltd and Ms PP (hereinafter referred to as “PP Lawyers”) be granted leave to intervene in these proceedings as the First Intervenor.
That to the extent that it is necessary NF Pty Ltd (hereinafter referred to as “NF Pty Ltd”) be granted leave to intervene in these proceedings as the Second Intervenor.
That within seven (7) days of the date of this order the husband do pay or cause to be paid on his behalf the sum of $2,000,000.00 to the Registry Manager of the Adelaide Registry of the Family Court of Australia to be held in the Family Court of Australia Litigants Fund account on behalf of the wife with such payment to be in full and final satisfaction of the husband’s obligation to the wife pursuant to the terms of paragraph 2(a) *and 2(b) of the order of the Honourable Justice Cronin made herein on 23 November 2017.
That the wife’s Application in a Case filed herein on 15 October 2018 be otherwise dismissed with no order as to costs.
That the husband’s Response to the said Application in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Strahan and Strahan & Ors

Details

AGLC: Strahan and Strahan & Ors [2020] FamCA 27
Case: [2020] FamCA 27
Decision Date: 24 January 2020

CaseChat Overview and Summary

In the matter of *Strahan and Strahan & Ors*, Mead J of the Family Court of Australia considered an application for intervention by PP Lawyers Pty Ltd and Ms PP (collectively, "PP Lawyers") as the First Intervenor, and NF Pty Ltd ("NF Pty Ltd") as the Second Intervenor. The proceedings involved a dispute between a husband and wife, with the court addressing financial obligations and applications filed by the parties.

The central legal issues before the court were whether to grant leave for PP Lawyers and NF Pty Ltd to intervene in the proceedings, and how to resolve the wife's application filed on 15 October 2018 and the husband's response filed on 29 October 2018, as well as an application by NS Company Pty Ltd filed on 21 November 2018. The court also had to determine the husband's obligation to the wife concerning specific paragraphs of a previous order made by Justice Cronin on 23 November 2017.

Mead J granted leave for PP Lawyers and NF Pty Ltd to intervene in the proceedings. The court ordered the husband to pay $2,000,000.00 to the Family Court of Australia Litigants Fund within seven days, to be held on behalf of the wife, as full and final satisfaction of the husband's obligations under paragraphs 2(a) and 2(b) of Justice Cronin's 2017 order. The wife's application of 15 October 2018 and the husband's response of 29 October 2018 were otherwise dismissed with no order as to costs. The application by NS Company Pty Ltd was also dismissed. Directions were to be listed concerning the interventions.

Orders

Orders of the court

That to the extent that it is necessary PP Lawyers Pty Ltd and Ms PP (hereinafter referred to as “PP Lawyers”) be granted leave to intervene in these proceedings as the First Intervenor.

That to the extent that it is necessary NF Pty Ltd (hereinafter referred to as “NF Pty Ltd”) be granted leave to intervene in these proceedings as the Second Intervenor.

That within seven (7) days of the date of this order the husband do pay or cause to be paid on his behalf the sum of $2,000,000.00 to the Registry Manager of the Adelaide Registry of the Family Court of Australia to be held in the Family Court of Australia Litigants Fund account on behalf of the wife with such payment to be in full and final satisfaction of the husband’s obligation to the wife pursuant to the terms of paragraph 2(a) *and 2(b) of the order of the Honourable Justice Cronin made herein on 23 November 2017.

That the wife’s Application in a Case filed herein on 15 October 2018 be otherwise dismissed with no order as to costs.

That the husband’s Response to the said Application in a Case filed herein on 29 October 2018 be otherwise dismissed with no order as to costs.

That the Application in a Case filed herein by NS Company Pty Ltd on 21 November 2018 be dismissed.

That directions generally arising from the intervention of PP Lawyers and NF Pty Ltd in these proceedings be listed on 27 February 2020 at 9:30am South Australia time (9:00am Queensland time).

Note: The form of the order is subject to the entry of the order in the Court’s records.

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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