Watson and Watson - [2014] FamCA 1015

FAMILY COURT OF AUSTRALIA

WATSON & WATSON

[2014] FamCA 1015

FAMILY LAW – DISCLOSURE

Family Law Act 1975 (Cth)

APPLICANT:

Ms Watson

RESPONDENT:

Mr Watson

FILE NUMBER:

MLC

3382

2013

DATE DELIVERED:

1 April 2014

PLACE DELIVERED:

Melbourne

PLACE HEARD:

Melbourne

JUDGMENT OF:

Johns J

HEARING DATE:

1 April 2014

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Dickson SC

SOLICITOR FOR THE APPLICANT:

Lander & Rogers

COUNSEL FOR THE RESPONDENT:

Mr Werner

SOLICITOR FOR THE RESPONDENT:

Westminster Lawyers Pty Ltd

Orders

That within 7 days the husband, or any agent acting on his behalf, provide to the wife’s solicitors copies of the following documents:-
(a)bank statements issuing to the husband in relation to the following entities:-
(i)     B Pty Ltd;
(ii)    C Pty Ltd ATF for the Watson Family Trust;
(iii)     D Pty Ltd ATF the E Trust;
(b)details of payments (distributions, dividends, commissions, loan payments) paid to the husband or any of the entities associated with F Group, G Pty Ltd or H Group;
(c)a copy of all minutes from the directors’ meetings in relation to the F Group, G Pty Ltd or the H Group;
(d)copy of BAS statements filed in relation to the F Group, G Pty Ltd or H Group
for the period as and from the date of the parties’ separation to the date of these orders, and in relation to documents created and/or received after the date of these orders, such documents be so produced by the husband within 28 days of his receipt of the same.
That within 7 days the husband, or any agent acting on his behalf, provide full financial disclosure in relation to:-
(a)the purchase of I Pty Ltd, including details of the full purchase price and all supporting documentation;
(b)any indicative assessments carried out in relation to I Pty Ltd;
(c)details of any other financing arrangements which are in place in relation to I Pty Ltd or any other entities purchased by the husband in his capacity as a director of F Pty Ltd;
(d)financial accounts in relation to I Pty Ltd and any other documents which the husband and/or his agents were provided by the vendors and which were relied upon by the husband and/or his agents and fellow directors.
Any application for finance which have been made by the husband and/or his fellow directors in relation to the purchase of I Pty Ltd or any other enterprise or entity.

BY CONSENT IT IS ORDERED

That within 7 days the husband, or any agent acting on his behalf, provide all documents relating to the purchase of land by the husband and/or his fellow directors in their capacity as directors of F Pty Ltd and/or the H Technologies Group Partnership including:
(a)any indicative assessments carried out in relation to the value of that parcel of land;
(b)details of other financing arrangements in place in relation to that parcel of land;
(c)all documents provided by the vendor which have been relied upon by the husband and/or his fellow directors…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] FamCA 1015
Decision Date: 1 April 2014

CaseChat Overview and Summary

This matter came before Johns J concerning an application by the wife for financial disclosure from the husband. The dispute centred on the husband's alleged failure to provide full and frank financial disclosure, particularly in relation to various business entities and property transactions. The wife sought orders compelling the husband to produce a range of documents and financial information.

The court was required to determine the extent of financial disclosure necessary from the husband to ensure a fair resolution of the parties' financial matters. Specifically, the court had to consider what documents and information were relevant to the parties' assets and liabilities, including those held through corporate structures and trusts, and those acquired during the marriage or post-separation. The wife's application sought detailed information concerning bank statements, payments, company minutes, tax filings, and particulars of significant business acquisitions and property purchases.

Johns J ordered the husband, or his agents, to provide extensive financial disclosure within specified timeframes. These orders encompassed bank statements for several named entities, details of payments made to the husband and associated groups, minutes of directors' meetings, and Business Activity Statements. Further, the husband was directed to provide full disclosure regarding the purchase of I Pty Ltd, including purchase price, supporting documentation, financing arrangements, and financial accounts. Similar disclosure was ordered concerning the purchase of land by the husband and his fellow directors, and the establishment of J Pty Ltd and the J Family Trust. The court also ordered the husband to comply with reasonable requests for discovery within seven days of such requests.

The wife's application, filed on 17 February 2014, was dismissed, with the exception of the question of costs, which was adjourned for determination on 9 May 2014.

Orders

Orders of the court

That within 7 days the husband, or any agent acting on his behalf, provide to the wife’s solicitors copies of the following documents:-

(a) bank statements issuing to the husband in relation to the following entities:-

(i) B Pty Ltd;

(ii) C Pty Ltd ATF for the Watson Family Trust;

(iii) D Pty Ltd ATF the E Trust;

(b) details of payments (distributions, dividends, commissions, loan payments) paid to the husband or any of the entities associated with F Group, G Pty Ltd or H Group;

(d) copy of BAS statements filed in relation to the F Group, G Pty Ltd or H Group

for the period as and from the date of the parties’ separation to the date of these orders, and in relation to documents created and/or received after the date of these orders, such documents be so produced by the husband within 28 days of his receipt of the same.

That within 7 days the husband, or any agent acting on his behalf, provide full financial disclosure in relation to:-

(a) the purchase of I Pty Ltd, including details of the full purchase price and all supporting documentation;

(b) any indicative assessments carried out in relation to I Pty Ltd;

(c) details of any other financing arrangements which are in place in relation to I Pty Ltd or any other entities purchased by the husband in his capacity as a director of F Pty Ltd;

(d) financial accounts in relation to I Pty Ltd and any other documents which the husband and/or his agents were provided by the vendors and which were relied upon by the husband and/or his agents and fellow directors.

Any application for finance which have been made by the husband and/or his fellow directors in relation to the purchase of I Pty Ltd or any other enterprise or entity.

BY CONSENT IT IS ORDERED

That within 7 days the husband, or any agent acting on his behalf, provide all documents relating to the purchase of land by the husband and/or his fellow directors in their capacity as directors of F Pty Ltd and/or the H Technologies Group Partnership including:

(a) any indicative assessments carried out in relation to the value of that parcel of land;

(b) details of other financing arrangements in place in relation to that parcel of land;

(c) all documents provided by the vendor which have been relied upon by the husband and/or his fellow directors in making the decision to acquire the property; and

(d) any applications for finance which have been made to support the new financing facility.

That within 7 days the husband, or any agent acting on his behalf, provide all documents in relation to the establishment of J Pty Ltd and as trustee for the J Family Trust including, but not limited to:-

(a) copies of the Constitution and/or Memorandum of Articles and Association of J Pty Ltd;

(b) a copy of the Trust Deed for the J Family Trust;

That the husband comply with all reasonable requests for discovery within 7 days of that request having been made by the lawyers engaged on behalf of the applicant.

That the wife’s application in a case filed 17 February 2014 be dismissed, save as to the question of costs, which issue is adjourned for determination in the Judicial Duty List at 10.00am on 9 May 2014.

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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