FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Verber & Verber [2025] FedCFamC1F 329
File number(s): BRC 5254 of 2024 Judgment of: JARRETT J Date of judgment: 8 May 2025 Catchwords: FAMILY LAW – PROPERTY Legislation: Family Law Act 1975 (Cth) s 117(1)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 6.06, 15.13
Cases cited: Graham & Colonial Mutual Life Assurance Society Limited [2013] FCR 1213
Knox & Knox [2024] FedCFamC1F 708
Oates & Q [2010] FamCAFC 202
Venter & Venter (No 2) [2024] FedCFamC1F 862
Venter & Venter (No 6) [2024] FedCFamC1F 94
Division: Division 1 First Instance Number of paragraphs: 35 Date of hearing: 8 May 2025 Place: Brisbane Counsel for the Applicant: Mr Ellis Solicitors for the Applicant: M and K Lawyers Group Pty Ltd Counsel for the Respondent: Mr Roberts Solicitors for the Respondent: York Family Law Specialists Solicitors for the First Non-Party Respondent: Mangioni Biggs & Co. Solicitors for the Second Non-Party Respondent: Mangioni Biggs & Co. Solicitors for the Third Non-Party Respondent: Broun Abrahams Burreket ORDERS
BRC 5254 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS VERBER
Applicant
AND: MR VERBER
Respondent
AND: MR B VERBER
Non-Party Respondent
AND: D GROUP HOLDINGS FAMILY PTY LTD ATF THE D GROUP HOLDINGS DISCRETIONARY TRUST
Non-Party Respondent
AND: MR C VERBER
Non-Party Respondent
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
8 MAY 2025
ON THE APPLICATION IN A PROCEEDING FILED ON 28 FEBRUARY 2025, THE COURT ORDERS THAT:
1.The applicant be granted access to the following documents in the proceedings with the file numbers BRC7462/2024 and BRC10651/2021:
(a)affidavits filed by or on behalf of the respondent;
(b)any responses filed by or on behalf of the respondent;
(c)all court orders and judgments.
2.The applicant be permitted to use the documents referred to in order 1 hereof in the proceedings BRC5254/2024.
3.The respondent be released from his implied Harman undertaking in relation to the documents to the extent that is necessary to enable him to use the documents in the proceedings BRC5254/2024.
4.The balance of the Application in a Proceedings filed on 28 February 2025 is otherwise dismissed.
ON THE ORAL APPLICATION OF NON-PARTY RESPONDENT MR B VERBER THE NON-PARTY RESPONDENT D GROUP HOLDINGS FAMILY PTY LTD FOR A STAY OF ORDERS 1 AND 2 HEREOF PENDING APPEAL, THE COURT ORDERS THAT:
5.The non-party respondent Mr B Verber and the non-party respondent D Group Holdings Family Pty Ltd have leave to make an oral application for a stay of orders 1 and 2 hereof pending appeal.
6.The operation of orders 1 and 2 hereof be stayed until 4.00pm on 16 May 2025.
7.In the event a Notice of Appeal is filed and served upon each other party to the appeal before 4.00pm on 16 May 2025, the stay shall, without further order, be extended to 4.00 pm on 27 May 2025.
8.The stay application stay be listed to 9.30am on 27 May 2025 in the Federal Circuit…
Continue reading Verber & Verber
Sign in free to access the full text
- AGLC
- Ms BA Venter & Mr C Venter [2025] FedCFamC1F 329
- Case
- [2025] FedCFamC1F 329
- Decision Date
CaseChat Overview and Summary
The court had to decide whether to grant Ms Verber access to specific documents from related proceedings, permit her to use those documents in the current case, and release Mr Verber from his obligations under the Harman undertaking. Additionally, the court needed to consider whether to stay the implementation of these orders pending the outcome of an appeal by the non-party respondents.
The court granted Ms Verber access to the requested documents, permitted their use in the current proceedings, and released Mr Verber from his Harman undertaking obligations to the extent necessary for him to use the documents in the current case. However, the implementation of these orders was stayed until a specified date to allow for a potential appeal. The court also set out detailed directions for the preparation of evidence and scheduling of the final hearing, including requirements for consolidated affidavits and case outlines. The court emphasised that any affidavit material not filed and served in accordance with these directions could not be relied upon without leave. Additionally, the court addressed the potential cross-examination of report authors and clarified that its orders would prevail over any inconsistencies with the Central Practice Direction.
The court's orders provided a clear framework for the management of the proceedings, ensuring that the parties complied with specific procedural requirements while also accommodating the possibility of an appeal. The detailed directions for evidence preparation and hearing scheduling aimed to streamline the trial process and ensure that all relevant evidence and issues were properly presented and considered.
Orders
Orders of the court
BRC 5254 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS VERBER
Applicant
AND:
MR VERBER
Respondent
AND:
MR B VERBER
Non-Party Respondent
AND:
D GROUP HOLDINGS FAMILY PTY LTD ATF THE D GROUP HOLDINGS DISCRETIONARY TRUST
Non-Party Respondent
AND:
MR C VERBER
Non-Party Respondent
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
8 MAY 2025
ON THE APPLICATION IN A PROCEEDING FILED ON 28 FEBRUARY 2025, THE COURT ORDERS THAT:
1. The applicant be granted access to the following documents in the proceedings with the file numbers BRC7462/2024 and BRC10651/2021:
(a) affidavits filed by or on behalf of the respondent;
(b) any responses filed by or on behalf of the respondent;
(c) all court orders and judgments.
2. The applicant be permitted to use the documents referred to in order 1 hereof in the proceedings BRC5254/2024.
3. The respondent be released from his implied Harman undertaking in relation to the documents to the extent that is necessary to enable him to use the documents in the proceedings BRC5254/2024.
4. The balance of the Application in a Proceedings filed on 28 February 2025 is otherwise dismissed.
ON THE ORAL APPLICATION OF NON-PARTY RESPONDENT MR B VERBER THE NON-PARTY RESPONDENT D GROUP HOLDINGS FAMILY PTY LTD FOR A STAY OF ORDERS 1 AND 2 HEREOF PENDING APPEAL, THE COURT ORDERS THAT:
5. The non-party respondent Mr B Verber and the non-party respondent D Group Holdings Family Pty Ltd have leave to make an oral application for a stay of orders 1 and 2 hereof pending appeal.
6. The operation of orders 1 and 2 hereof be stayed until 4.00pm on 16 May 2025.
7. In the event a Notice of Appeal is filed and served upon each other party to the appeal before 4.00pm on 16 May 2025, the stay shall, without further order, be extended to 4.00 pm on 27 May 2025.
8. The stay application stay be listed to 9.30am on 27 May 2025 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane for further consideration.
ON THE APPLICATION IN A PROCEEDING FILED ON 13 MARCH 2025, THE COURT FURTHER ORDERS THAT:
9. By no later than 4.00pm on 16 May 2025 the applicant send to the respondent a list identifying to the best of her information and ability, the entities she contends requires valuation in the application.
10. By no later than 4.00pm on 23 May 2025 the respondent shall respond setting out:
(a) the identity of each entity he agrees requires valuation;
(b) to the best of his information and ability, the identity of any other entities he contends require valuation in the proceedings; and
(c) proposing the details of the process to effect such valuations.
11. By no later than 4.00pm on 26 May 2025 the solicitors for the applicant shall file a short affidavit that annexes the correspondence exchanged between the parties pursuant to orders 9 and 10 hereof and any other correspondence bearing on the issue of valuation.
12. The applicant’s costs of the Application in a Proceeding are reserved to the trial judge.
13. Subject to the usual objections, the parties are granted leave to issue any subpoena as they consider necessary and appropriate in the proceedings.
14. The Application in a Proceeding filed on 13 March 2025 is otherwise dismissed.
THE COURT ORDERS THAT:
15. The hearing dates for the period 22 to 26 September 2025 are vacated.
16. The application for parenting orders only is listed for hearing (with an estimated hearing time of five (5) days) at 10.00am on 29 September 2025 in the Federal Circuit and Family Court of Australia (Division 1) sitting at Brisbane.
17. The applicant file and serve on each other party no later than 4:00pm on 8 September 2025:
(a) one (1) consolidated affidavit, prepared in accordance with rules 8.15, 8.16 and 8.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 setting out all evidence in chief given by her; and
(b) one (1) consolidated affidavit, prepared in accordance with rules 8.15, 8.16 and 8.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 of each witness intended to be relied upon at trial by the applicant setting out all evidence in chief of that witness.
18. The respondent file and serve on each other party in reply no later than 4:00pm on 19 September 2025:
(a) one (1) consolidated affidavit, prepared in accordance with rules 8.15, 8.16 and 8.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 setting out all evidence in chief given by him; and
(b) one (1) consolidated affidavit, prepared in accordance with rules 8.15, 8.16 and 8.17 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 of each witness intended to be relied upon at trial by the respondent setting out all evidence in chief of that witness.
19. Each party file and serve on each other party no later than 4:00pm on 22 September 2025, a case outline setting out:
(a) a precise minute of the final orders sought;
(b) a relevant chronology;
(c) a list of affidavits intended to be relied upon at trial; and
(d) a list of the issues arising in the application (both factual and legal) by reference to s 60CC of the Family Law Act 1975 (Cth) and for each issue so identified a reference to the evidence (in each affidavit relied upon by that party) upon which that party intends to rely in respect of that issue.
20. No party shall be entitled to rely on any affidavit material not filed and served in accordance with these directions without leave of the Court first had and obtained.
21. In the event that either party wishes to cross-examine any author of a report prepared pursuant to s 62G(2) of the Family Law Act 1975 (Cth) at the final hearing, that party shall provide written notice to the report writer of such intention no later than fourteen (14) days prior to the commencement of the hearing.
22. In the event that no such notice is given to the report writer in accordance with the previous order and the report writer is otherwise unavailable, the report authored by that person will be admitted into evidence without cross examination unless the trial judge otherwise orders.
23. To the extent these orders are inconsistent with the Central Practice Direction, these orders shall prevail.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.