Woolly & Woolly - [2022] FedCFamC2F 620

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Woolly & Woolly [2022] FedCFamC2F 620

File number(s): MLC 12173 of 2018

Judgment of: JUDGE HARLAND

Date of judgment: 3 May 2022

Catchwords: FAMILY LAW – property proceedings – wife’s application in a proceeding – enforcement of previous orders – where husband provided undertaking to comply with orders – husband’s non-compliance

Division: Division 2 Family Law

Number of paragraphs: 14

Date of last submission/s: 3 May 2022

Date of hearing: 3 May 2022

Counsel for the Applicant: Mr McIvor

Solicitor for the Applicant: Sayer Jones

Counsel for the Respondent: In person
ORDERS

MLC 12173 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS WOOLLY

Applicant

AND:
MR WOOLLY

Respondent

ORDER MADE BY:

JUDGE HARLAND

DATE OF ORDER:

3 MAY 2022

THE COURT ORDERS THAT:
1.Within 48 hours, the Husband do all acts and things and sign all documents as required to deposit the sum of $200,000 into the Wife’s solicitors’ trust account to be held on behalf of the parties pending further order on the written agreement of the parties.
2.In the event the Husband fails to comply with the above Order, the Wife have liberty to apply on 7 days’ notice.
3.The subpoena objection filed by the Husband on 28 February 2022 is dismissed.
4.Leave is granted to the parties and their legal representatives to copy and inspect documents produced on subpoena by the Commonwealth Bank of Australia.
5.The costs of the Wife of and incidental to the Interim Defended Hearing on 3 May 2022 be reserved.
6.The matter remains listed on 9 February 2023 for Final Hearing before Judge Harland.

AND THE COURT NOTES THAT:
A.If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
B.Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (“the Scheme”) for representation but any such application must be made at least 12 weeks prior to the final hearing.
C.Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
D.If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated…

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

AGLC: Woolly & Woolly [2022] FedCFamC2F 620
Case: [2022] FedCFamC2F 620
Decision Date: 3 May 2022

CaseChat Overview and Summary

The matter before the court involved a wife who sought enforcement of previous orders against her husband. The husband had provided an undertaking to comply with the orders but failed to do so. The wife applied for the enforcement of these orders and the husband objected to a subpoena. The court addressed the wife's application to enforce the orders and the husband's objection to the subpoena. The legal issues the court had to decide included whether the husband's failure to comply with the previous orders constituted a breach and what consequences, if any, should follow from that breach. The court also needed to determine the validity of the husband's objection to the subpoena and whether it should be dismissed.

The court found that the husband had indeed failed to comply with the previous orders, which required him to deposit $200,000 into the wife's solicitors' trust account. Consequently, the court ordered the husband to deposit the sum within 48 hours and granted the wife the liberty to apply for further action if he failed to comply. Regarding the subpoena objection, the court dismissed the husband's objection and allowed the parties and their legal representatives to inspect the documents produced on subpoena by the Commonwealth Bank of Australia. The court also noted that if there were any allegations of family violence, certain procedural protections would apply.

The court issued several orders to enforce compliance with the previous orders, to allow the inspection of subpoenaed documents, and to manage the costs and future proceedings of the case. Specifically, the husband was ordered to deposit the sum of $200,000 within 48 hours, and the wife was granted the right to apply for further action if he failed to comply. The subpoena objection was dismissed, and the parties were allowed to inspect the subpoenaed documents. The costs of the interim hearing were reserved, and the matter was listed for a final hearing. Additionally, the court provided procedural guidance regarding family violence and the cross-examination of parties, noting the application of relevant legislation and the Scheme.

Orders

Orders of the court

THE COURT ORDERS THAT:

1. Within 48 hours, the Husband do all acts and things and sign all documents as required to deposit the sum of $200,000 into the Wife’s solicitors’ trust account to be held on behalf of the parties pending further order on the written agreement of the parties.

2. In the event the Husband fails to comply with the above Order, the Wife have liberty to apply on 7 days’ notice.

3. The subpoena objection filed by the Husband on 28 February 2022 is dismissed.

4. Leave is granted to the parties and their legal representatives to copy and inspect documents produced on subpoena by the Commonwealth Bank of Australia.

5. The costs of the Wife of and incidental to the Interim Defended Hearing on 3 May 2022 be reserved.

6. The matter remains listed on 9 February 2023 for Final Hearing before Judge Harland.

AND THE COURT NOTES THAT:

A. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

B. Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme (“the Scheme”) for representation but any such application must be made at least 12 weeks prior to the final hearing.

C. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.

D. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	MLC 12173 of 2018
Judgment of:	JUDGE HARLAND
Date of judgment:	3 May 2022
Catchwords:	FAMILY LAW – property proceedings – wife’s application in a proceeding – enforcement of previous orders – where husband provided undertaking to comply with orders – husband’s non-compliance
Division:	Division 2 Family Law
Number of paragraphs:	14
Date of last submission/s:	3 May 2022
Date of hearing:	3 May 2022
Counsel for the Applicant:	Mr McIvor
Solicitor for the Applicant:	Sayer Jones
Counsel for the Respondent:	In person

MLC 12173 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS WOOLLY Applicant
AND:	MR WOOLLY Respondent

ORDER MADE BY:	JUDGE HARLAND
DATE OF ORDER:	3 MAY 2022