FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
FIRST INSTANCE
Venter & Venter (No 5) [2023] FedCFamC1F 635
File number(s): BRC 10651 of 2021 Judgment of: CAREW J Date of judgment: 31 July 2023 Catchwords: FAMILY LAW – PROPERTY – Where the 8th respondent seeks an order pursuant to r 6.17(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, dismissing the wife’s case against the 8th respondent – Where the wife disclosed the existence of some 96,000 documents, sourced from a number of hard drives, approximately one week before the commencement of trial – Where additional documents were produced by the wife on the fourth day of trial – Where the wife failed to offer any explanation for the delay in disclosing an extraordinary number of documents – Where the sheer volume of the late disclosure demonstrates considerable prejudice to the 8th respondent – Where the 8th respondent has been subjected to a trial by ambush – Where dismissing the claim against the 8th respondent would not bring an end to the wife’s case absolutely – Where the case against the 8th respondent is dismissed Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 r 6.17(b) Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175
Berrell & Berrell (No. 2) [2013] FamCA 900
Clifton v Kerry J Investments and Ors [2020] FCAFC 5
Patel & Noora [2019] FCWA 260
Zao & Lee [2019] FamCAFC 169
Number of paragraphs: 78 Date of hearing: 28 July 2023 Place: Brisbane Counsel for the applicant: Dr Matta with Ms Matson and Ms Frederico Solicitor for the applicant: Coote Family Lawyers Counsel for the first respondent: Mr Richardson SC with Dr Smith Solicitor for the first respondent: Broun Abrahams Burreket Counsel for the second, third, fifth and seventh respondents Mr Stewart KC with Mr Barnett Solicitor for the second, third, fifth and seventh respondents Barkus Doolan Winning For the fourth respondent Litigant in person (did not participate) Counsel for the eighth respondent Mr Roche with Mr Rogan Solicitor for the eighth respondent Pearson Emerson ORDER
BRC 10651 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS VENTER
Applicant
AND: MR VENTER
First Respondent
MR B VENTER
Second Respondent
MR C VENTER (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
CAREW J
DATE OF ORDER:
31 JULY 2023
THE COURT ORDERS THAT:
1.The relief sought against the 8th respondent by the wife in her Initiating Application (as amended) filed 31 March 2023 is dismissed.
2.The costs of the 8th respondent be 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…
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- Venter & Venter (No 5) [2023] FedCFamC1F 635
- Case
- [2023] FedCFamC1F 635
- Decision Date
CaseChat Overview and Summary
The court considered the wife's failure to provide an explanation for the delay in disclosing the documents, the significant prejudice caused to the 8th respondent by the late disclosure, and the impact on the administration of justice. The court found that the wife had not met her disclosure obligations and had subjected the 8th respondent to a trial by ambush. The sheer volume of the late disclosure made it difficult for the 8th respondent to adequately prepare for the trial and review the relevant documents.
In light of these factors, the court exercised its discretion under r 6.17(b) and dismissed the wife's claim against the 8th respondent. The order stated that the relief sought against the 8th respondent by the wife in her initiating application (as amended) filed 31 March 2023 is dismissed, and the costs of the 8th respondent are reserved.
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