Wei & Xia

[2020] FamCA 894

FAMILY COURT OF AUSTRALIA

Wei & Xia [2020] FamCA 894

File number(s):	SYC 196 of 2017
Judgment of:	HARPER J
Date of judgment:	16 October 2020
Catchwords:	FAMILY LAW – PROPERTY – Where the respondent husband makes an application for an anton piller order – jewellery – safety deposit boxes
Legislation:	Family Law Act 1975 (Cth)
Number of paragraphs:	6
Date of hearing:	16 October 2020
Place:	Sydney
Solicitor for the Applicant:	Broaden Legal
Counsel for the Applicant:	Mr Cummings SC
Solicitor for the First Respondent:	Mcqiu Lawyers
Counsel for the First Respondent:	Mr Archibald of Counsel
Solicitor for the Second Respondent:	Fox and Staniland Lawyers
Counsel for the Second Respondent:	Mr Lloyd SC
Solicitor for the Third Respondent:	Fox and Staniland Lawyers
Counsel for the Third Respondent:	Mr Lloyd SC

ORDERS

SYC 196 of 2017

IN THE MATTER OF WEI & XIA

BETWEEN:

Ms Wei

Applicant

AND:

Mr Xia

First Respondent

Mr B Xia

Second Respondent

Mr Siang

Third Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	16 OCTOBER 2020

THE COURT ORDERS THAT:

1. By no later than 10.00 am on 19 October 2020 the First Respondent file and serve any Application in a Case seeking orders in the nature of Anton Piller orders against the Applicant and any other person.

2. Service of any such Application in a Case be served upon Ms W by no later than 9.00 am on 19 October 2020.

3. The First Respondent file and serve an affidavit in support of such Application in a Case no later than 10.00 am on 19 October 2020, and in the event orders are to be sought against Ms W a copy of the affidavit is to be served upon her by no later than 9.00 am on 19 October 2020.

Note:   The form of the order is subject to the entry in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Wei & Xia has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

HARPER J

1. In proceedings SYC196/2017 on day five of the final hearing, evidence was given in cross-examination by the Applicant concerning three safety deposit boxes being …31, …92 and …51, all held at the Y Bank, Suburb N branch. Box …31 is held in the names of the Applicant Ms Wei and the First Respondent Mr Xia. Box …92 is held in the name of the applicant Ms Wei. Box …51 is held in the name of the Applicant’s mother Ms W.

2. On the afternoon of 16 October 2020, the First Respondent Husband made an oral application for orders in the nature of Anton Piller orders binding the applicant and her mother in relation to safety deposit boxes …92 and …51. The oral application was later supported by a proposed form of order.

3. The applicant for her part gave an undertaking, the terms of which will be recorded in the Court’s orders, which in substance restrained her from dealing with certain bank accounts and the safety deposit boxes, and speaking to her mother about either the bank accounts in question or the safety deposit boxes, up to and including 4.00 pm on Monday, 19 October 2020.

4. The First Respondent pressed for an order ex parte against Ms W restraining her from accessing safety deposit box …51 other than in circumstances where orders in the nature of Anton Piller orders were being carried out.

5. The basis for the application lies in evidence about events in 2014. According to this evidence, the safety deposit boxes, nominated in these reasons at [1] above, were opened reasonably contemporaneously at the point in time when the Applicant wife alleges the First Respondent husband removed from Australia large quantities of jewellery. On the basis of that evidence the First Respondent invites me to infer that there is a possibility the jewellery in question remains located in Australia in one or other of the nominated safety deposit boxes held in the name of the Applicant or her mother.

6. On the basis of the evidence I am not presently satisfied that the application should be entertained and dealt with ex parte. Accordingly, I make the following orders. 

I certify that the preceding six (6) numbered paragraphs is a true copy of the Reasons for Judgment of the Honourable Justice Harper.

Associate:

Dated:       13 November 2020