Webb and Salter

[2016] FCCA 1087

FEDERAL CIRCUIT COURT OF AUSTRALIA

WEBB & SALTER [2016] FCCA 1087

Catchwords:
FAMILY LAW – De facto relationship, application to initiate property proceedings out of time – reason for delay in commencing proceedings appropriately explained including periods of negotiation between parties’ lawyers prior to expiration of time – further issue raised by Court about the Wife’s lawyers continuing to act for her in the light of a solicitor who formerly worked for the Husband’s lawyers now working for the Wife’s lawyers – further risk of that same solicitor having given formal advice to the Husband while at her previous firm therefore risk of her being required to give evidence in the current proceeding as well as some possible issues relating to confidentiality.

Legislation:

Family Law Act 1975 (Cth), s.44(6)

Cases cited:
Billington & Billington (No.2) [2008] FamCA 409
Hedley v Hedley (2009) 235 FLR 58
Osferatu v Osferatu (2015) 301 FLR 295; (2016) 53 Fam LR 433
Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222
Richardson v Richardson [2008] FamCAFC 107
Sharp v Sharp (2014) 50 Fam LR 567
In the Marriage of Whitford (1979) 24 ALR 424; (1979) FLC ¶90-612

Applicant: MR WEBB

Respondent: MS SALTER

File Number: CAC 1513 of 2015

Judgment of: Judge Neville

Hearing date: 15 February 2016

Date of Last Submission: 15 February 2016

Delivered at: Canberra

Delivered on: 23 February 2016

Written Reasons Provided: 9 May 2016

REPRESENTATION

Solicitor/advocate for the Applicant: Ms K. Fox

Solicitors for the Applicant: Farrar Gesini Dunn

Counsel for the Respondent: Ms J. Haughton

Solicitors for the Respondent: Infinity Legal

ORDERS

1. Leave be granted pursuant to S44(6) of the Family Law Act 1975 (Cth) for the Applicant Husband to initiate these proceedings out of time.

2. The parties are to notify the Court, by way of email sent directly to Chambers, that the matter is ready to proceed to a Conciliation Conference within 14 days from the date of these Orders, that is by no later than close of business on 8 March 2016.

3. Upon confirmation to Chambers that the matter is ready to proceed to a Conciliation Conference, a date will be allocated and Orders setting the matter down for a Conciliation Conference will issue from Chambers.

IT IS NOTED that publication of this judgment under the pseudonym Webb & Salter is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAC 1513 of 2015

MR WEBB

Applicant

And

MS SALTER

Respondent

REASONS FOR JUDGMENT

Introduction

1. On 14^th October 2015, the Applicant de facto Husband (“the Husband”) filed an Amended Initiating Application. Among other Orders he sought was that pursuant to s.44(6) of the Family Law Act1975 (Cth) (“the Act”), leave be granted to initiate this proceeding out of time. For the reasons that follow that Application should be granted.

2. In my view, of at least equal importance, is the Order sought in relation to the establishment of “information barrier protocols”, for reasons…