Wicklow and Wicklow and Anor (No. 2)

FAMILY COURT OF AUSTRALIA

WICKLOW & WICKLOW AND ANOR (NO. 2)

[2008] FamCA 1125

FAMILY LAW – ORDERS – Time for payment of intervenor’s debt

Family Law Act 1975 (Cth)

APPLICANT:

Ms Wicklow

RESPONDENT:

Mr Wicklow

INTERVENOR:

Deputy Commissioner of Taxation

FILE NUMBER:

SYC

2648

2007

DATE DELIVERED:

10 December 2008

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Justice Fowler

HEARING DATE:

30 October 2008 and 5 December 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT:

Mr Campton

COUNSEL FOR THE RESPONDENT:

Mr Richards

COUNSEL FOR THE INTERVENOR ON 30 OCTOBER 2008:	Mr Williams SC with Ms Rees
COUNSEL FOR THE INTERVENOR ON 5 DECEMBER 2008:	Mr Lethbridge SC with Ms Rees

Orders

The application for orders made by the intervenor is dismissed.
By consent of the parties to the marriage, orders are made in terms of a document titled “Minute of Orders directed to be prepared by the applicant wife” tendered by the parties and set out as follows:
Disclosure
1.That within 14 days the husband cause to be delivered up to the solicitors for the wife:
1.1a list of all documents in his possession and/or control (including specification where the documents are not in his possession as to where they are located) in relation to:
a.purchase of the motorboat (which the wife has been appointed trustee for sale of and which is owned by the husband jointly with another person)
b.business plans, proposals, ledgers, premises lease, receipts, invoices, mandates for the husband’s new business N Pty Limited
c.loan account ledgers and loan agreements in relation to the substantial loan account operated by the husband with C Pty Ltd and related entities (the husband produced the Financial Statements and nothing else)
d.correspondence, e-mails, advice, notices and other documents in relation to the liquidation/wind-up of C Pty Ltd and related entities (the husband produces the heads of agreement, outstanding issues memorandum, shareholders agreement, term sheet and nothing else) – particularly recording the implementation of the wind-up plans
e.original contracts, agreements and supporting documents in relation to the X Mandate the husband retains an interest in as part of the wind-up/liquidation
f.the abandoned purchase of a unit in Manly
g.any expenditure by the husband in the past two years in relation to any nautical equipment, vessel or activity
h.any nautical vessel owned by him whether alone or jointly with any other person
i.any motor rally, motoring event or other event in relation to luxury motor vehicles attended by the husband in the past 12 months
j.any travel by the husband in the past 12 months including but not limited to Frequent Flyer statements, airline vouchers, itineraries, invoices and receipts
k.all advices, correspondence, notices and other documents in relation to any amended assessment of income tax against the husband or any related entities whether appealed from or not arising from the audit conducted by the ATO
l.those matters set out in the affidavit filed in Court on

30 October 2008
at 2.15 pm.
1.2A copy of all of the documents in the list provided pursuant to Order 1.1 that are in his possession at the wife’s cost at no more than 40c per page.
2.That within 14 days the husband deliver up to the wife a copy of all the documents in the list provided pursuant to Order 1.1 that were not in his possession at the wife’s cost and no more than 40c per page.
3.That by 16 January 2009 the husband provide to the legal representatives for the wife the following information in writing verified by affidavit:
3.1the amount and source of every benefit received by the husband or any related company or trust from:
3.1.1the Wicklow Superannuation Fund in the period

1 July 2005
to date and
3.1.2the Wicklow Family Trust in the period 1 July 2005 to date.
3.2the amount, source and date of every payment made to any credit card or bank account of the husband in the period 1 July 2006 to date
3.3the amount of expenditure charged to any credit card of the husband that relates to personal as opposed to business purposes in the period 1 July 2006 to date and
3.4the amount of all salary payments, distributions, dividends and loan account payments made for the benefit of the husband or any associated entity (including superannuation funds) in the period 1 July 2006 to date.
4.That the time for compliance with Order 5 of the orders made by consent on 17 April 2008 and Order 1.2 of orders made by consent on

4 September 2008 be extended to 14 days from the date of the making of this order.
5.That within 14 days each party provide to the other parties’ legal representatives any documents and/or information they may reasonably request from the other party from time to time in writing.
6.That the Court notes that in the event either party anticipates they will not be in a position or otherwise not be able to comply with any order set out in this Minute or any further orders made whether substantive or procedural in nature they will at least 7 days prior to the time for compliance with the said order apply in writing supported by affidavit seeking either an extension of time to comply or discharge of the orders at their own risk as to costs.
7.That in the event the husband fails or neglects to comply with any of the orders set out above and such failure or neglect continues for a period of 7 days then the response of the husband to the application of the wife for final orders be stayed and the wife proceed on an undefended basis.
Interim Costs
8.That the wife pay from the proceeds of sale of the motor vehicles she holds on trust the sum of $25,000 to the husband’s legal representatives for the payment of the husband’s legal costs of these proceedings.
9.That the wife be permitted to draw from the proceeds of sale of the motor vehicles she holds on trust the sum of $25,000 for the payment of her legal costs of these proceedings.
P Property
10.That by way of further implementation of Order 1 of the Orders made 12 March 2008 for the sale of the P property the husband and the wife shall do all acts and things and sign all documents to market for sale and sell the property:
10.1by way of private treaty from 12 October 2008 to the date of commencement of the marketing campaign proposed by the agent for the auction
10.2if not sold, by way of auction to take place on the Australia Day weekend [2009] and
10.3if still not sold, by way of auction to take place on the Easter weekend [2009].
11.That the reserve price of the auction of the Australia Day weekend will be $2.95 million and the husband and the wife will negotiate with highest and the second highest bidder if the reserve is not reached and accept any offer made to purchase at auction that is the highest and within 5% of the reserve price.
12.That the reserve price of the auction of the Easter weekend will be

$2.9 million and the husband and the wife will negotiate with highest and the second highest bidder if the reserve is not reached and accept any offer made to purchase at auction that is the highest and within 5% of the reserve price.
Single Expert
13.That the husband cause to be provided to the legal representative for the wife a copy of all communications between the husband or for the benefit of the husband and the single expert contemporaneously with such communication.
Family Trust
14.That within 21 days the husband and the wife do all acts and things and sign all documents necessary to have amended the 2008 accounts for the Wicklow Family Trust to ensure:
14.1all proceeds of sale of the luxury car 5 and luxury car 6 motor vehicle not yet expended are treated as an asset of the Trust
14.2all payments made from the proceeds of sale of the luxury car 5 and luxury car 6 motor vehicle by way of compliance with the husband’s obligations to pay pursuant to earlier orders for:
14.2.1     spouse maintenance
14.2.2     interim costs
14.2.3     Child Support and school fees and
14.2.4     mortgage payments
be regarded as payment made for the benefit of the husband.
R Family Trust and the Wife’s Interest in the Father’s Estate
15.That within 14 days of the date of these Orders the wife provide to the legal representatives for the husband the following documents:
15.1Draft Financial Statements for the R Family Trust for the financial year ended 30 June 2008
15.2Draft Income Tax Returns for the R Family Trust for the financial year ended 30 June 2008
15.3Affidavit of Executor with an Inventory of Assets and Liabilities annexed to the estate of the late Mr R and any additional documents necessary to determine the value of the ultimate distributable estate of the late Mr R.
Remaining applications
16.All outstanding applications are adjourned with liberty to restore for mention only in the first instance on 7 days notice to the Court and the other parties but not prior to the completion of judicial settlement conference on 28 January 2009.
Leave is granted to the intervenor to re-list the matter before me in the event that the P property does not sell within six weeks of the January auction date on the question of the reserve price for the following auction.

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

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 2648 of 2007

MS WICKLOW

Applicant

And

MR WICKLOW

Respondent

And

DEPUTY COMMISSIONER OF TAXATION

Intervenor

REASONS FOR JUDGMENT

Introduction

The proceedings involve the claims of a third party creditor of the husband who seeks repayment of her debt, and who now seeks on terms she asks be imposed, the sale, pending the hearing of the matter, of property including joint property of the parties in order that that debt be paid. This result is sought prior to a final determination of whether or not as between the husband and the wife the husband should be solely liable for the debt, and before a just and equitable distribution of property is ordered.
The Court is obliged to balance in this case the legitimate claims of a third party creditor (in this case the Crown) and the need to protect a creditor’s rights with the entitlement of the parties to a just and equitable distribution of their assets and possibly the determination that the debt is the joint responsibility of the parties in equal or unequal proportions or the sole responsibility of the husband.

BACKGROUND FACTS

The primary proceedings before the Court are proceedings for the alteration of the interests in property of the husband and wife and related and other orders.
The interim proceedings are proceedings by the intervenor in which the intervenor opposes the making of some of the orders sought by consent by the parties in resolution of their interim dispute.
The intervenor seeks orders on an interim basis for the sale of certain of the property in dispute and orders in relation to the application of the proceeds of such sale inter alia in paying a debt to the intervenor. The intervenor also seeks payment of the balance of a certain holding account to her in part satisfaction of her debt.
That debt arises out of assessments of taxation made with respect to the husband’s income and other monies due to the intervenor, by him.
The debt is admitted by the parties, although who of them finally should bear it, and in what proportions, is in issue in the proceedings.
The debt presently stands in the sum of $854,055.58.The parties do not dispute that the husband is presently solely liable for the debt.
The parties have agreed on the terms of certain proposed interim orders dealing with the sale of real estate at P. Pursuant to an order of the Court previously made there had been a sale of certain personalty of the husband and the proceeds of sale of that personalty was deposited to an account, to be applied for specific purposes.
That order was made on 5 June 2008 in the following terms and it was implemented and the proceeds of sale were paid into an account from which was to be permitted certain drawings namely:
“4.That the wife use the vehicle proceeds to meet the following expenses and only the following expenses as and when they fall due:
4.1any default by the husband in the payment of the mortgage instalments and private heath insurance pursuant to order 4 of the orders made 29 June 2007 together with any periodic maintenance payment dues and payable by the husband to the wife.
4.2any default by the husband in the payment of the single experts costs pursuant to order 1 of the orders made 29 June 2007;
4.3any insurance, council rates, water charges, land tax or other liability in relation to the [M] and [P] real estate including any necessary cost of sale of the [P] Property not able to be deferred to payment from the net proceeds of sale of that property;
4.4any insurance and/or repair costs in respect of any of the motor vehicles and motor boat referred to in the orders made 5 May 2008 as amended;
The wife deposes that drawings are made from that account in the following terms:
“2.Pursuant to Orders of this Court I hold on trust the proceeds of sale of certain motor vehicles owned by the husband or related entities. The balance of those monies as at 3 December 2008 was in the sum of $181,201.51. Annexed and marked “A” is a true copy of a transaction statement as at 4 December 2008.
3.Pursuant to further Orders of this Court I am to apply those monies for certain purposes. The monthly amount of those expenses is as follows:

1	Maintenance		Monthly
1.1	Spouse Maintenance	$	3,200
1.2	Adult Child maintenance	$	500.00
1.3	Health Insurance	$	271.00
1.4	Residential University Fees – Adult child maintenance	$	310.00
2	[M] Property
2.1	Mortgage repayments	$	8,165.00
2.2	Council Rates	$	144.00
2.3	Water Rates	$	60.00
3	[P] Property
3.1	Mortgage payments	$	5,779.00
3.2	Council Rates	$	469.00
3.3	Water Rates	$	62.00
3.4	Gas and Electricity	$	140.00
3.5	Land tax	$	567.00
4	Viridian Line of Credit
4.1	Interest	$	$1,665.00
5	Single Experts Fees
5.1	[L Company] (all to be incurred in next month)	$	40,000.00

…
4.I calculate that as I meet those expenses the monies will reduce as follows:

*Expense*	Monthly	In 6 months	In 12 months
Maintenance	$4,281	$25,686	$51,372
[M] property	$8,369	$50,214	$100,428
[P] property	$7,017	$42,102	$84,204
Viridian Line of Credit	$1,665	$9,990	$19,980
[L Company]	$40,000	$40,000
*$167,992*	*$295,984*

The husband is or was the owner or leasee of the following motor vehicles which remain in his ownership or in his possession:
a)luxury motor vehicle registration number …2
b)
O motor vehicle presently under construction and held by

Mr S
c)1982 luxury motor vehicle
d)luxury motor vehicle D.
It is asserted by the parties and not gainsaid that the first of the motor vehicles is not owned by them but rather leased by the husband. The second of such vehicles is said to be in the unfinished process of being built and presently of doubtful value. The third vehicle has already been sold. The final motor vehicle is said to be completely disassembled and in that state of little value compared one supposes to its value when reassembled.
There were proceedings between the parties in which the following interim order was made:
“2.That the document titled Minute of Consent Interim Property Orders is Exhibit 1 and by consent orders and notations are made in accordance with that document as set out hereunder.
MINUTE OF CONSENT INTERIM PROPERTY ORDERS
THE COURT NOTES:
The following definitions for the purpose of these Orders:
A.“[P] property” means the property situated at [P] in the State of Victoria being the whole of the land contained in Folio Identifier […] together with the improvements, fixtures and fittings erected thereon and/or attached thereto, of which the parties are the registered proprietors.
B.“[M] home” means the real property situated at and known as [M] in the State of New South Wales being the whole of the land contained in Folio Identifier […] together with the improvements, fixtures and fittings erected thereon and/or attached thereto, of which the parties are the registered proprietors.
C.“[P] mortgage” means the mortgage with Commonwealth Bank of Australia registered number […] secured over the […] property.
D.“[M] mortgage” means the mortgage with Commonwealth Bank of Australia registered number […] secured over the [M] home and the mortgage with National Australia Bank registered number […] secured over the [M] home.
E.“Husband’s Tax Debt” means the debt owed by the husband to the Deputy Commissioner of Taxation currently in the sum of about $781,000.
F.It is noted that the [P] property has been listed for sale with the agent and is scheduled to be sold by public auction (if not sold before) in April 2008 and the parties have already instructed Mr Dethridge to act in relation to the sale.

ORDER THAT:
1.Within 7 days from the making of these Orders (“the Due Date”) the husband and wife shall forthwith do all necessary acts and things to effect a sale of the [P] property for the best price reasonable obtainable in the following manner:
1.1list the [P] property for sale on or before the Due Date with […] Real Estate (“the agent”), and at or prior to the listing each of them must sign and provide to Barkus Edwards Doolan “(BED”) the Exclusive Sales Authorities, which shall be provided by BED to the agent forthwith upon receipt of the authorities signed by the parties
1.2if the [P] property is to be sold at auction, the reserve price for the purpose of such auction shall be such price as may be mutually agreed upon by the parties;
1.3the husband and wife shall both co-operate in every way with the agent including (without limiting the generality of the foregoing):
1.3.1making the keys available to the agent;
1.3.2allowing inspection of the [P] property at all reasonable times requested by the agent;
1.3.3doing or saying nothing to hinder or prevent a sale being effected;
1.3.4ensuring the [P] property including the grounds are in a neat and clean condition at the time of inspection by the agent and prospective purchasers and
1.3.5signing all documents requested by the agent in relation to the listing for sale of the [P] property.

1.4in the event the bidding at the auction does not reach the reserve price the parties or such of them as attends the auction may negotiate with the highest bidders or any other interested person and effect a sale of the [P] property at a price which is not more than 5% below the reserve price, or at such other price as the parties agree upon in writing;
1.5if the [P] property remains unsold 14 days after the auction, the parties shall do all acts and things and sign all documents necessary to continue to relist the [P] property for sale by public auction again at three monthly intervals, and the provisions of paragraphs 1.3 and 1.4 shall apply successively until the [P] property has been sold so that at each successive auction the reserve price shall be 5% less than the reserve price at the immediately preceding auction unless otherwise agreed by the parties in writing;

1.6the parties shall instruct David Dethridge, solicitor to have the conduct of the sale on behalf of both parties;
1.7the husband and wife shall each promptly execute a contract for sale in the form prepared by the solicitor having the conduct of the sale at the sale price.

2.Upon the settlement of the sale of the [P] property in accordance with Order 1, the proceeds of sale be paid in the following manner and priority:
2.1all costs and expenses of sale including legal costs and disbursements, agents' commission, advertising expenses, valuers' fees, auction expenses and all expenses reasonably incurred in preparing the property for sale including gardening, window cleaning and the like;
2.2the amounts required to pay all municipal and water rates outstanding with respect to the [P] property;
2.3to pay any land tax payable with respect to the sale of the property;
2.4to discharge the [P] mortgage;
2.5the sum required to discharge the [M] mortgage (but only if the [M] mortgage is secured over the [P] property);

2.6 to discharge the Husband’s Tax debt;
2.7If the [M] mortgage is not secured over the [P] property, such sum as is necessary to discharge the [M] mortgage, or is there are insufficient funds to discharge the said mortgage at that point, all of the then available net proceeds of sale be applied in reduction of the [M] mortgage;
2.8any balance to be invested in an interest bearing account on behalf of the parties pending written agreement of the parties to the contrary or order of this Court.

3.Otherwise the parties’ outstanding applications and the application of the ATO be stood over for hearing before His Honour Justice Fowler on 5 May 2008;
4.The costs of today to be reserved to His Honour Justice Fowler.

IT IS NOTED:
A.That the parties agree that the [P] property is to have a reserve price of $3,100,000.”

Pursuant to the terms of that Order the property situate at P in Victoria was submitted to Sale by Auction. The property did not sell and the parties did not then, as was required by the order, submit it to successive auctions.
The parties now seek an orderly sale of that property in accordance with the consent orders and the allocation of $25,000 each to the parties from the holding account referred to above to assist with their legal representation in these proceedings. It is the intention of the parties to list the property at the reserve advised by the agent that they have retained on sale and accept bids within 5% of that reserve.
The third party seeks the following orders in relation to a sale of assets and the dispersal of the balance of funds in the account and the application of the funds to the payment of her debt in priority to any entitlement of the parties:
“1.That each of the wife and the husband do all acts required to forthwith pay to the 2^nd respondent the balance of the monies held by the wife, or by the parties jointly, in the Commonwealth Bank.
2.1That each of the Husband and the Wife immediately do all acts and things necessary to deliver the cars referred to below at 2.4 (“the cars”) to [Mr S] of […] Sales, Melbourne.
2.2That the Husband and Wife do all such acts and things necessary to authorize [Mr S] to sell the cars at public auction, but prior to auction, sign all necessary documents to authorize the sale without reserve.
2.3That upon sale of the cars the whole of the proceeds after deduction of the agent’s commission and reasonable selling expenses be paid to the Australian Taxation Office in reduction of the husband’s taxation liability.
2.4For the purpose of orders 2.1, 2.2 and 2.3 the vehicles are as follows:
(a)[…] Motor vehicle registration number […]2
(b)[O] motor vehicle presently under construction and held by [Mr S]
(c)1982 [motor vehicle];
(d)[Luxury motor vehicle D].
3.3.1 That each of the Husband and the Wife forthwith do all acts and things to cause the property at [P] to be listed for sale by public auction by […] Real Estate on 26 January 2009 and sold on that day to the highest bidder, provided that such bid equals or exceeds a reserve price as agreed to by the Husband, and Wife and the Deputy Commissioner of Taxation, and in default of any agreement between all parties, at a price determined by the Australian Valuation Office.
3.2That the parties instruct David Dethridge, solicitor, to have the conduct of the sale.
3.3That the proceeds of the sale be applied in the following manner and priority:
(a)in discharge of the mortgage;
(b)in payment of municipal rates and water rates and any land tax charged over the property;
(c)in payment of all costs and expenses of sale including legal costs and disbursements of the solicitor instructed on the conveyance; agents’ commission; advertising expenses; auction expenses and expenses incurred in preparing the property for sale including window cleaning, gardening, cleaning and the like;
(d)in payment of the valuation fees of the Australian Valuation Office, if applicable.
(e)in payment of the whole of the balance amount owed by the husband to the Australian Taxation office;
(f)in payment of the balance in accordance with the Orders of the Family Court of Australia.”
The wife estimates that in the event that the holding account was applied to those expenses previously the subject of the order it would be dealt with as set out in the table in her affidavit. If I agree to make the orders sought by consent of the husband and the wife the amount held will reduce to $131,000 and the life of that account’s capacity to meet the wife’s ongoing needs will be reduced accordingly.
The total assets of the parties appear to be on current estimate in excess of

$4 million net allowing for the debt to the intervenor as a liability.
There is, therefore, a significant buffer which exists to meet not only the intervenor’s present debt but any interest accruing thereon.
The orders previously made charge the proceeds of sale of the P property with the due payment of the intervenor’s debt.
The intervenor says that she thinks that the proposed reserve is unrealistic. No current expert evidence has been adduced by her to support this. It is noted that the reserve is a reserve set by an agent who markets in the area and who will not be paid a commission unless the property is sold.
The parties are bound to accept any offer which is less than the reserve providing it is within 5% of the reserve. This provides on the proposed sale price a reduction up to $145,000. In the orders referred to above, the reserve was set for the prior unsuccessful sale at $3,100,000 and the property was passed in. The current approach represents an apparent attempt on the part of the parties to meet the market and is an approach taken on advice of the selling agent. In the event that the property does not sell at the proposed sale in January it will be listed for sale in April, with a reduced reserve, reduced by some $50,000.
Whilst Mr Lethbridge sought to convey a pessimistic view of the prospects of sale by reason of the present circumstances (presumably a reference to the dark clouds of recession gathering), the only presently available advice on price is that of the agent.
Mr Lethbridge's client proposes that the property be sold in accordance with agreement of the parties and if not an agreement at a valuation to be procured from the Australian Valuation Office which is presumably an employee of the Crown. Mention is made of the cost of such an appointment and that proposal is that the husband and wife jointly bear that cost by deduction from the sale proceeds.
Mr Lethbridge urged eloquently and forcefully in support of the orders his client seeks that the duty of the Court was to protect the revenue and to not give priority to the parties and particularly their lawyers over the interests of his client.
I suppose that to the extent that any payment to lawyers represents (and there is not evidence as to this) previously incurred costs, they are a creditor like

Mr Lethbridge's client. However, those payments are also in a special position as, the due and proper administration of justice, and the resolution of family disputes, is as important as the protection of the revenue and the Court has a duty to do both. The fulfilment of one duty should not be subverted to the sustaining of the other.
It is part of the claim of the husband that he receive the motor vehicles referred to above and owned by him in specie and the sole entitlement to the rights accruing to the leasee under the lease of one of them. The sale of those vehicles at the present time would frustrate the Court’s ability to make those orders.
The wife’s payments from the accumulated funds in the account are no doubt in part maintenance and possibly all are in that category. The final characterisation of those payments will be determined on the hearing.
There is no determination at this stage that the wife should share in what is prima facie the husband’s tax liability and the order which she consented to, permitting a jointly owned property to be sold to meet the husband’s liability, is somewhat of a boon provided to the intervenor by her.
True it is, as suggested by Mr Lethbridge, that the intervenor could have ultimately sought the appointment of a trustee for sale of the husband’s interest in those properties if action were taken in another place.
The proceedings are however in this Court and the order having been made it is not my intention to prevent the wife pending a suit at this time from receiving proper support and to preserve the property to which she makes claim, namely the home in which she lives. I propose to make an order enabling both the wife and the husband to provide to themselves and the Court professional assistance, by allowing them funding for legal representation in these proceedings.
Proper representation in these proceedings is likely to lead to a more expeditious procurement of a resolution of everyone’s claims and already has lead to the settlement of the interim dispute between the husband and the wife, which previously was the subject of a high level of conflict when the husband was visited with the uncertainties and pitfalls of self-representation.
Things might be different if on any current and reasonable assessment of the assets there was real uncertainty about the ability of the husband to make payment, not only of the primary tax but interest as well, from what appears on a very pessimistic view of his case likely to be his minimum entitlement. I find that on a balance of probabilities the sum which the husband will receive will be sufficient to meet such creditor. He is presently restrained by order from disposing of assets as is the wife, except to the limited extent previously permitted.
Weighing all in the balance I do not think that the requirement for the protection of the intervenor’s interests has not already been met. If the darker suggestions of the nature of the future as proposed by Mr Lethbridge appears to be becoming a reality to the point where that protection is under threat, then the issue can again be revisited but it seems to me at the present time an unlikely scenario. I will, however, give the intervenor leave to relist the matter on the question of reserve price if the P property does not sell within six weeks of the proposed auction in January.
In all the circumstances I make the orders set forth above.

I certify that the preceding thirty-six (36) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Fowler.

Associate:

Date: 10 December 2008

[2008] FamCA 1125

10 December 2008

Key Legal Topics

Areas of Law

Civil Procedure

Family Law

Equity & Trusts

Legal Concepts

Consent

Costs

Discovery

Injunction

Remedies

Stay of Proceedings