FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Warin & Warin (No 10) [2023] FedCFamC1F 943
File number MLC 7368 of 2020 Judgment of WILSON J Date of judgment 31 October 2023 Catchwords FAMILY LAW – PRACTICE & PROCEDURE – amendment application – trial under way – application granted Legislation Family Law Act 1975 (Cth) s106B Cases cited Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Barnes v Addy (1874) LR 9 Ch App 244
Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373
Paviello & Paviello [2022] FedCFamC1F 592
Sharrment Pty Ltd v Official Trustee in Bankruptcy (1988) 18 FCR 449
Velten & Velten [2020] FamCA 384
Division Division 1 First Instance Number of paragraphs 12 Date of hearing 30 and 31 October 2023 Place Melbourne Counsel for the applicant Dr R Ingleby Solicitors for the applicant Vadarlis & Associates Counsel for the first respondent Mr C Tesoriero Solicitors for the first respondent Fair Family Law Solicitors for the second respondent No appearance by or on behalf of the second respondent Counsel for the third respondent Mr S Rubera Counsel for the fourth, fifth and sixth respondent Mr D Sweeney Solicitors for the third and fourth respondent Sebastian Rubera & Associates Solicitors for the fifth and sixth respondent Diamonds Counsel for the seventh respondent Mr A Robinson Solicitors for the seventh respondent Rothwell Lawyers ORDERS
MLC 7368 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN MS WARIN
Applicant
AND MR WARIN
First respondent
MR STANTON & MR BASFIELD IN THEIR CAPACITY AS TRUSTEES IN BANKRUPTCY OF THE BANKRUPT ESTATE OF THE RESPONDENT HUSBAND
Second Respondent
MS INSTON (and others named in the Schedule)
Third respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
31 OCTOBER 2023
THE COURT ORDERS THAT –
1.The applicant is granted leave to amend the statement of claim.
2.The seventh respondent is granted leave to file her response to paragraph 43 of the amended statement of claim by 10 am on Wednesday 1 November 2023.
3.The seventh respondent's reply to paragraph 43 of the amended statement of claim must be circulated to all parties by 10am on 1 November 2023.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym of Warin & Warin has been approved pursuant to s…
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- AGLC
- Warin & Warin (No 10) [2023] FedCFamC1F 943
- Case
- [2023] FedCFamC1F 943
- Decision Date
CaseChat Overview and Summary
The court granted Ms Warin leave to amend her statement of claim, finding that the application was made in good faith and that there were reasonable grounds for the amendment. The court recognised the importance of ensuring that the proceedings were fair and just, and that the amendment could potentially clarify issues that were central to the case. The court also set strict timelines for the respondents to respond to the proposed changes, ensuring that the trial could proceed in an efficient manner. The seventh respondent was granted an extension to file her response and circulate it to all parties by a specific deadline.
In its order, the court allowed Ms Warin to proceed with the amendment to her statement of claim and set the timeline for the respondents' responses. The order also emphasised the importance of adhering to the specified deadlines to maintain the efficiency of the trial process. The court's decision was aimed at achieving a fair outcome while managing the procedural aspects of the case effectively.
Orders
Orders of the court
MLC 7368 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN
MS WARIN
Applicant
AND
MR WARIN
First respondent
MR STANTON & MR BASFIELD IN THEIR CAPACITY AS TRUSTEES IN BANKRUPTCY OF THE BANKRUPT ESTATE OF THE RESPONDENT HUSBAND
Second Respondent
MS INSTON (and others named in the Schedule)
Third respondent
ORDER MADE BY
WILSON J
DATE OF ORDER
31 OCTOBER 2023
THE COURT ORDERS THAT –
1. The applicant is granted leave to amend the statement of claim.
2. The seventh respondent is granted leave to file her response to paragraph 43 of the amended statement of claim by 10 am on Wednesday 1 November 2023.
3. The seventh respondent's reply to paragraph 43 of the amended statement of claim must be circulated to all parties by 10am on 1 November 2023.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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