Wei & Xia (No. 2)

[2021] FamCA 313

FAMILY COURT OF AUSTRALIA

Wei & Xia (No. 2) [2021] FamCA 313

File number(s):

SYC 196 of 2017

Judgment of:

HARPER J

Date of judgment:

18 May 2021

Catchwords:

FAMILY LAW – PRACTICE AND PROCEDURE – Where the matter is presently part-heard before a Judge – Where there were substantial difficulties in the first tranche of the proceedings regarding husband giving evidence by electronic communication from China – Where the husband presently resides in China – Where husband holds Residence Permit for work in China which expires in November 2023 - Where orders were made at the conclusion of the first tranche of the proceedings for the husband to attend the remaining hearing days in person - Where the husband has since filed a Request to Attend the remaining hearing days by electronic means – Where the husband argues that he may be prevented re-entry to China following the conclusion of the final hearing – Where Court is satisfied husband can return to China – The request for electronic communication is refused.   

Legislation:

Family Law Act 1975 (Cth)

Family Law Rules 2004 (Cth), rr 12.11, 12.13, 16.05, 16.06, 16.07

Number of paragraphs:

29

Date of hearing:

17 May 2021

Place:

Sydney

Solicitor for the Applicant:

Mr Li

Solicitor for the First Respondent:

Ms Leung

ORDERS

SYC 196 of 2017

BETWEEN:

MS WEI

Applicant

AND:

MR XIA

First Respondent

MR B XIA

Second Respondent

MS SIANG

Third Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	18 MAY 2021

THE COURT ORDERS THAT:

1.The request of the First Respondent Husband to attend the final hearing commencing on 28 June 2021 by electronic communication be refused.

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 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).

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).

REASONS FOR JUDGMENT

HARPER J:

INTRODUCTION

1. This matter is part heard.  A trial took place in October 2020 over a two week period.  The parties attempted to resolve the dispute during the trial; they were unsuccessful. The trial did not complete in the allocated time and had to be adjourned part heard.

2. The issues in the proceedings are reasonably complex.  They include allegations by Ms Wei (“the wife”) that properties held by Mr B Xia and Ms Siang (“the second and third respondents”) are held in trust for Mr Xia (“the husband”). She alleges non-disclosure and lack of compliance by the other parties. She also seeks orders that a number of transactions between the other parties be set aside because they were designed to…