Vu & Ton (No 2)

[2021] FedCFamC1F 324

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Vu & Ton (No 2) [2021] FedCFamC1F 324

File number(s):

MLC 7739 of 2019

Judgment of:

JOHNS J

Date of judgment:

23 December 2021

Catchwords:

FAMILY LAW – PROPERTY – Interim orders – sale of property – distribution of proceeds of sale – question of whether debts claimed exist – where the applicant claims to be indebted to his mother – where the respondent refutes the claimed debt – need for testing of evidence – injunction against further encumbering items of real property.

Legislation:

Family Law Act 1975 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

Cases cited:

Norton & Locke [2013] FamCAFC 202

Division:

Division 1 First Instance

Number of paragraphs:

63

Date of hearing:

12 October 2021

Place:

Melbourne

Counsel for the Applicant:

Mr North SC

Solicitor for the Applicant:

Coote Family Lawyers

Counsel for the Respondent:

Mr Schmidt

Solicitor for the Respondent:

Lander & Rogers

ORDERS

MLC 7739 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR VU

Applicant

AND:

MS TON

Respondent

ORDER MADE BY:	JOHNS J
DATE OF ORDER:	23 DECEMBER 2021

THE COURT ORDERS THAT:

BY CONSENT

1.That within fourteen days of the date of these orders, the respondent do all acts and things as may be required and at her expense to:-

(a)Withdraw the caveat registered over the property at 2 J Street, Suburb K (caveat registration number …); and

(b)Withdraw the caveat registered voter the property at 4 J Street, Suburb K (caveat registration number …).

BY THE COURT

2.That until further order the applicant, by himself, his servants or agents be restrained by injunction both personally and in his capacity as a director, shareholder and/or secretary of D Pty Ltd or O Pty Ltd ("the Entities") from dealing with, transferring, alienating, disposing or further encumbering the following properties:-

(a)2 J Street, Suburb K in the State of Victoria;

(b)4 J Street, Suburb K in the State of Victoria; and

(c)G Street, Melbourne in the State of Victoria.

3.That until further order the applicant, by himself, his servants or agents be restrained by injunction both personally and in his capacity as a director shareholder and/or secretary of the Entities from transferring monies held in any bank accounts in his name or in the name of the Entities to accounts held outside of Australia either in his name, controlled by him or in which he has an interest or holds with any third party.

4.That the Application in a Case filed 16 June 2021 and Response to an Application in a Case filed 31 August 2021 be otherwise dismissed.

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…