Tsoutsouvas & Tsoutsouvas and Ors

FAMILY COURT OF AUSTRALIA

TSOUTSOUVAS & TSOUTSOUVAS AND ORS [2012] FamCA 521

FAMILY LAW - PRACTICE AND PROCEDURE - Expert Evidence - Where leave is sought to rely upon adversarial experts where a single joint expert has already been appointed

Family Law Rules 2004 (Cth)

Aon Risk Services Australia Ltd v Australian National University (2009) 258 ALR 14
Queensland v JL Holdings Pty Ltd (1997) 189 CLR 146

APPLICANT: Ms M Tsoutsouvas

1st RESPONDENT: Mr V Tsoutsouvas

2nd RESPONDENT: Mr H Tsoutsouvas and Ms N Tsoutsouvas

FILE NUMBER: BRC 10291 of 2009

DATE DELIVERED: 21 June 2012

PLACE DELIVERED: Brisbane

PLACE HEARD: Brisbane

JUDGMENT OF: Kent J

HEARING DATE: 2 March 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Matthews

SOLICITOR FOR THE APPLICANT: Edwards Lawyers

COUNSEL FOR THE 1ST RESPONDENT: Ms Black

SOLICITOR FOR THE 1ST RESPONDENT: Q Solicitors

COUNSEL FOR THE 2^ND RESPONDENTS: Ms Black

SOLICITOR FOR THE 2^ND RESPONDENTS: Q Solicitors

Orders

1. The Wife have leave to adduce evidence from:

   (a)       Mr S as per his affidavit filed 23 November 2011;

   (b)       Mr B as per his affidavit filed 24 November 2011; and

   (c)       Mr D as per his affidavit filed 23 November 2011.

2. The Husband’s application for permission to adduce evidence from Mr W be refused.

3. The Husband have permission to adduce evidence from Mr C.

4. The Second Respondents have permission to adduce evidence from Mr R.

5. The costs of this hearing be reserved to the trial judge.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Tsoutsouvas & Tsoutsouvas and Ors 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 BRISBANE

FILE NUMBER: BRC 10291 of 2009

Ms M Tsoutsouvas

Applicant

And

Mr V Tsoutsouvas and Mr H Tsoutsouvas and Ms N Tsoutsouvas

Respondent

REASONS FOR JUDGMENT

Introduction

1. This matter commenced on 11 November 2009 with the filing of an Initiating Application by Ms M Tsoutsouvas (“the Wife”) for final property Orders against Mr V Tsoutsouvas (“the Husband”). Due to the Wife’s claim that she has an equitable interest in a property of which the Husband’s parents are the registered owners, the Husband’s parents, Mr H Tsoutsouvas and Ms N Tsoutsouvas (“the Second Respondents”), have also been joined as respondents in this matter.

2. The parties are both presently 44 years of age. They married and commenced cohabitation in 1995 and remained living together until they finally separated in June 2009. Both parties are trained in the personal services industry.

3. During their relationship, the parties founded and built a business known as T Business in Suburb F, an (initially) successful personal services business. The business has since been sold in what the Wife alleges are suspicious circumstances, but that is not an issue to be decided at an interim stage. The parties also accumulated significant amounts of real property during their relationship but that, too, has since been sold to reduce the liabilities of the…