Vincenzo and Vincenzo

FAMILY COURT OF AUSTRALIA

VINCENZO & VINCENZO [2012] FamCA 427

FAMILY LAW – INJUNCTIONS - Confidentiality agreement sought by the husband and refused - Injunction made against the wife disclosing business material on the basis that it is proper to do so

Family Law Act 1975 (Cth)

APPLICANT: Mr Vincenzo

RESPONDENT: Ms Vincenzo

FILE NUMBER: MLC 10204 of 2011

DATE DELIVERED: 7 June 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 29 May 2012

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Strum

SOLICITOR FOR THE APPLICANT: Taussig Cherrie Fildes

COUNSEL FOR THE RESPONDENT: Mr O’Shannessy

SOLICITOR FOR THE RESPONDENT: Borchard & Moore

Orders

1. That the wife be and is hereby restrained by injunction from disclosing to any person or persons other than those advising her in relation to the legal and accounting issues any information of a financial nature about the Vincenzo Group entities referred to in the application in a case filed 23 April 2012 until further order.

2. That the application in a case filed 23 April 2012 and the response thereto filed 17 May 2012 are otherwise dismissed save as to issue of costs.

3. That should any party seek costs arising out of these orders, such application be made by written submission and filed and served by no later than 5 July 2012 with such submission being endorsed with the fact that it has been so served on the other party and any recipient of such submission have until 19 July 2011 to file and serve any response and such response be endorsed with the fact that it has been so served on the other party and upon receipt of any such application for costs, it or they be determined in chambers.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Vincenzo & Vincenzo has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 10204  of 2011

Mr Vincenzo

Applicant

And

Ms Vincenzo

Respondent

REASONS FOR JUDGMENT

1. Mr Vincenzo (“the husband”) and Ms Vincenzo (“the wife”) separated in the middle of August 2011 after about 16 years of marriage.  By November 2011, their financial dispute had begun in this Court.

2. On 15 November 2011, the wife filed an application in which she sought undefined final financial orders but she also sought interim orders for spousal maintenance and litigation funding.

3. On 15 December 2011, the husband responded seeking parenting and personal injunctive orders concerning the parties’ five children who are aged between 11 and 15 years. 

4. In addition to those matters, responding to the wife’s application, the husband sought undefined property orders.  The parties were keeping their financial cards close to their chests. 

5. In respect of interim financial matters, the husband agreed to pay some spousal maintenance, limited litigation funding and agreed to orders about valuations of the various properties.

6. The parties have numerous corporate entities and have been involved in the construction industry.

7. The dispute…