Xue & Qian
[2024] FedCFamC1F 625
•18 September 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Xue & Qian [2024] FedCFamC1F 625
File number(s): BRC 11124 of 2019 Judgment of: BAUMANN J Date of judgment: 18 September 2024 Catchwords: FAMILY LAW – PROPERTY – Undefended Hearing – Where the Applicant husband has failed to continue to engage in the proceedings and meet his duty of full disclosure – Final property adjustment orders made Legislation: Family Law Act 1975 (Cth) ss 79, 81
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.27
Division: Division 1 First Instance Number of paragraphs: 40 Date of hearing: 9 February 2024 Place: Brisbane Solicitor for the Applicant: Litigant in person (did not participate) Solicitor for the Respondent: Evans Brandon Family Lawyers ORDERS
BRC 11124 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR XUE
Applicant
AND: MS QIAN
Respondent
ORDER MADE BY:
BAUMANN J
DATE OF ORDER:
18 SEPTEMBER 2024
THE COURT ORDERS:
1.That the Respondent shall retain, free from any claims of the Applicant:
(a)all household contents, furniture and furnishings in her possession and/or her control;
(b)all items for personal nature including jewellery in her possession and/or control;
(c)all motor vehicles registered or otherwise held in her name or held for her benefit;
(d)her right to recover any loans made to her family members;
(e)her superannuation entitlements;
(f)all accounts held with Australian Financial Institutions or any other institutions in her name or held for her benefit; and
(g)the real property located at B Street, Suburb C in the State of Queensland (“the Suburb C property”), subject to encumbrance.
2.That the Applicant shall retain, free from any claims of the Respondent:
(a)all household contents, furniture and furnishings in his possession and/or his control;
(b)all items for personal nature including jewellery in his possession and/or control;
(c)all motor vehicles registered or otherwise held in his name or held for his benefit;
(d)his superannuation entitlements;
(e)all accounts held with Australian financial institutions or any other institutions in his name or held for his benefit; and
(f)his interests in:
(i)D Pty Ltd;
(ii)E1 Pty Ltd;
(iii)E2 Pty Ltd;
(iv)E3 Pty Ltd;
(v)F Pty Ltd;
(vi)G Pty Ltd; and
(vii)H1 Pty Ltd;
(viii)H2 Pty Ltd;
(ix)J Limited; and
(x)K Limited.
Indemnities
3.That save as otherwise provided for herein, that the Respondent shall bear responsibility for, and indemnify the Applicant for and in respect of, the following liabilities:
(a)The National Australia Bank loan secured against the Suburb C property;
(b)Any taxation liabilities in her name, howsoever arising; and
(c)Any other liabilities in her name.
4.That save as otherwise provided for herein, that the Applicant shall bear responsibility for, and indemnify the Respondent for and in respect of, the following liabilities:
(a)Any liabilities associated with any entity controlled by or otherwise related to the Applicant;
(b)Any taxation liabilities in the Applicant’s name, or the name of any entity associated with the Applicant, howsoever arising; and
(c)Any other liabilities in his name.
Transfer of joint real property
5.That within thirty (30) days from the date of these Orders, the parties shall do all acts and things and sign all documents necessary to cause the transfer to the Respondent all right (inclusive of legal and beneficial rights), title and interest in and to the real property known as O Street, Suburb P in the State of Queensland, more particularly described as Lot … Group Titles Plan …, Title Reference …, free of encumbrance, at her sole expense.
6.That for the purpose of Order 5 hereof, a Registrar of the Federal Circuit and Family Court of Australia (Division 1) at Brisbane is hereby appointed pursuant to s 106A of the Family Law Act 1975 (Cth) to execute all deeds and documents in the name of the Applicant, Mr Xue, and to do all acts and things necessary to give validity and operation to these Orders.
Division of funds
7.That the funds resting in the trust account of Q Real Estate, Suburb P be paid to the Respondent, and that this Order is sufficient authority for the Director of Q Real Estate, Suburb P to release the funds to the Respondent.
8.That the funds standing to the credit of the parties in the trust account of the Respondent’s solicitors, Evans Brandon Family Lawyers, be paid to the Respondent.
9.That the Applicant’s Initiating Application filed 16 September 2019 is otherwise dismissed.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Xue & Qian has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
BAUMANN J:
INTRODUCTION
The Applicant husband Mr Xue (“the husband”) and the Respondent wife Ms Qian (“the wife”) commenced cohabitation in 2013; married in 2015 and separated on 7 September 2018.
There are no children of the union, with both parties now being in their thirties.
The husband commenced property proceedings on 16 September 2019 in the Federal Circuit Court of Australia (as it was then known), however the applications were transferred to this Court on 22 November 2021.
It is not necessary, for the reasons explained, to deal with all the case management difficulties these proceedings have encountered, but put simply:
(a)despite the husband retaining various solicitors and engaging in the process (including filing contempt applications never ultimately pressed), the husband ceased to engage and no longer had legal representation around February 2023;
(b)the wife, who has maintained the same representation from the beginning, has asserted the husband has failed to make full and continuing disclosure of relevant documents;
(c)from at least the Order of 9 March 2023, the husband has failed to appear before the Court despite clear Orders to do so; and
(d)on 6 April 2023, I ordered the matter be listed for an undefended hearing on 16 June 2023. At the request of the wife, that undefended hearing was administratively adjourned on 12 June 2023; 14 July 2023 and 8 September 2023; and
(e)the undefended hearing eventually took place on 9 February 2024 when the Court ordered (after receiving oral and written submissions from Mr Evans for the wife), that the wife have leave to file a further affidavit in respect of two discrete issues. That affidavit was filed on 12 February 2024 when Judgment was reserved. The Court regrets the delay in publishing these Reasons.
The Court informed the wife that although it was satisfied that the husband’s failure to comply with Court Orders enlivened the Court’s jurisdiction pursuant to r 10.27 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), any orders pronounced would be in the context of them being made in the absence of the husband.
In those circumstances, the husband is entitled to seek to set aside any orders now made, but if he brings any such application, it would be necessary to persuade the Court why the orders should be set aside, and explain his reasons for disengaging in the proceedings as he clearly has done.
PRINCIPLES
The Court, when considering final orders in property adjustment proceedings, must:
(a)determine whether it is just and equitable to make any order at all (s 79(2) of the Family Law Act 1975 (Cth) (“the Act”)); and
(b)if the Court so decides, follow the well-defined four step pathway prescribed by s 79(4) of the Act, ensuring that any orders made are just and equitable, on the evidence, to both parties.
It is important, when dealing with a matter in the absence of a party, to identify the material relied upon and considered, in coming to its conclusion. Of course, where a party elects to not attend a hearing, the evidence of all parties remains untested. However, this is not an impediment to proceed.
The transcript of the hearing on 9 February 2024 reveals that the Court engaged with Mr Evans, solicitor advocate for the wife, such that, as already indicated, further evidence was sought.
MATERIAL RELIED UPON
The material relied upon by the wife and considered by the Court is as follows:
(a)Amended Response to Initiating Application filed 5 February 2024, setting out the final orders sought, which have been reproduced as Appendix One to these Reasons;
(b)Various Orders of the Court;
(c)Affidavit of Mr Dean Evans filed 17 October 2023, which dealt with attempts to engage the husband and legal firms purporting to have the husband’s instructions, who at no time came on the record;
(d)Affidavit of the wife filed 5 February 2024;
(e)Financial Statement of the wife filed 5 February 2024; and
(f)Written submissions of the wife filed 6 February 2024.
In the circumstances of these proceedings, I have also read and considered the following material filed earlier by the husband:
(a)Initiating Application filed 16 September 2019 where the husband identified the final orders sought as set out in that document, and is reproduced as Appendix Two to these Reasons;
(b)The husband’s affidavits filed 16 September 2019, 24 August 2021, 8 February 2022, 14 December 2021 and 28 October 2022; and
(c)The husband’s Financial Statement filed 16 September 2019.
CONTEXTUAL HISTORY
Statements of fact hereafter shall be construed as findings of fact.
The parties met in 2012 but did not live together before they married in 2015. At the time of marriage, the husband who was born in Country R, was aged 27 years and the wife, who was born in Country S, had just turned 21 years.
The wife says the parties separated on 1 October 2017 – a mere two years after marriage. The wife says the husband disputes the date of separation. Confusingly, the husband in his affidavit filed 16 September 2019, at paragraph 34, states, inter alia:
We actually separated on a final basis on 7 September 2017. We lived together as a married couple until 7 September 2018 when she told me that the marriage was over. She left our home at [B Street] that day and did not return.
Whether final separation occurred on 1 October 2017 or 7 September 2017 makes little difference. It was a short relationship, which calls for some examination of what the parties contributed initially and during that short relationship.
As the couple were not blessed with children, the non-financial and homemaker contributions are not particularly relevant. As I will reveal, what orders do justice and equity requires an examination of the direct (and any indirect) financial contributions.
At this point, I accept that because of the husband’s failure to engage in the process, the wife’s primary affidavit has not been the subject of reply. To the extent possible, I do seek to identify from the husband’s earlier affidavits, areas of conflict.
The husband says he objected to the wife’s Application for Divorce filed 28 February 2019 because the date of separation was not correct. The wife’s Application for Divorce was initially discontinued in 2019. The husband claims that the wife “falsely claimed that we had separated earlier than we did so that she could claim that a piece of real estate, located at [T Street, Suburb P] Queensland” was purchased after separation. As I will explain, the date of acquisition is less important than the funds used to purchase the property.
However, a subsequent Application for Divorce filed by the husband on 17 January 2020, asserting the date of separation was 7 September 2018, was finalised by a Divorce Order made 5 May 2020. The wife did not contest that Application.
The husband does not assert he had any significant assets or interests at the time of marriage. The wife however swears, and I accept, that:
(a)prior to the marriage, she acquired in 2015 a property at B Street, Suburb C for just over $645,000, borrowing $516,500 with the balance (including costs of purchase, stamp duty etc) paid from her own savings – totalling $141,750. The majority of her savings came from funds loaned to her by her parents; thereafter
(b)in 2016, the parties purchased the property at V Street, Suburb P for $600,000. The wife asserts, and I accept, she paid a total of $142,074 towards the acquisition (borrowing $480,000 from a bank) with her parents again contributing $130,000 by way of a loan to the wife. The home was purchased in joint names as, the wife says, she was encouraged to do so by the husband and his Country R based mother. The important fact is not joint ownership, but the source of the funds contributed. The wife provides corroboration by bank statements annexed to her affidavit. I accept the wife’s evidence. The property is tenanted, and the rental has been contributed to the mortgage payments. The husband’s joint ownership means he has shared the rental paid towards outgoings;
(c)in 2018 (the wife asserts post separation), she solely purchased a property at T Street, Suburb U (“the Suburb U property”) for just over $1,000,000. The wife says she contributed $204,800 towards the purchase – of which sum $200,000 was loaned to her by her father in mid-2018. A point of contention arises as to how the balance of the purchase price of around $845,200 was paid. At paragraph 62 of her trial affidavit, the wife says she has seen no proof of the husband’s mother paying these funds or having the capacity to pay these funds. The wife’s belief is that the funds came, in some way, from dealings with a wealthy Country S family and/or their entity X Pty Ltd. The husband provides no corroboration of his assertion. The significant gap in the evidence of the source of $845,200 remains; and
(d)in 2018, the wife acquired in her own name a property at Y Street, Suburb Z (“the Suburb Z property”) for $1,350,000. At paragraph 85 of her affidavit, the wife gives details of the source of funds (mostly borrowed including increases to existing facilities) to acquire the property. I accept that evidence.
The wife says that during her career, she developed a client, Mr W, and through that contact, Mr W asked her to provide real estate and consultancy services including incorporating an entity X Pty Ltd. That company undertook a development at Suburb AA where the wife claims she was engaged as project manager. Without any evidence from Mr W or his company, it is difficult to know the entirety of the business interactions. Suffice it to say however, post separation the relationship between the wife and the W Family soured. During the relationship of the husband and the wife, the wife says she introduced the husband to Mr W. The husband and Mr W did some business together – the full extent of which is uncertain, save to observe that after the marriage ended, the business connection between the husband and the W Family entities continued. Part of the wife’s case is the husband has failed to make any fulsome disclosure of those dealings and the extent to which he has derived income and/or interests of value.
The fact that the relationship between the wife and the W Family ceased acrimoniously, is best demonstrated by the litigation commenced against the wife by the wife of Mr W. Details are sketchy about this litigation, save that it seems to have related to some interests as shareholder in various W Family entities. The wife says, at paragraph 70 of her affidavit, that a Deed of Settlement was negotiated to resolve the Supreme Court proceedings in August 2021, resulting in a payment to her of $850,000 being made on 30 August 2021. Of those funds received, $650,000 was paid to the wife’s father (partly for living expenses) and $85,000 in payments to her brother and sister.
The wife says she sold the Suburb U property in late 2018 for $800,000 and retained the nett proceedings, before repaying her parents $667,000 and retaining $127,000 which ultimately constituted part of the funds in her solicitor’s trust account as a result of preservation Orders made by a Division 2 Judge on an interlocutory basis.
Before seeking to establish the pool of interests, being the first step in the usual analysis, arising from the evidence of Mr Evans contained in his affidavit filed 12 February 2024, the following further evidence emerges:
(a)In respect of the “gap” in the evidence as to the source of the funds of approximately $845,000, it is asserted that no discovery was provided by the husband despite requests made to the husband’s then lawyers dated 17 May 2022 and 7 November 2022. In this regard, the husband’s affidavit filed 28 October 2022 explains why he says he cannot gain access to his mother’s bank records. It is a very convoluted explanation without a skerrick of corroboration. This affidavit remains the last affidavit filed by the husband. I also note, in that affidavit, he deposes to his visa to remain in Australia being cancelled in April 2022, and that he had engaged lawyers to review that decision. I muse whether this man remains in Australia at all; and
(b)The funds held in trust by Mr Evans’ firm amount to $781,351.19 being made up by:
(i)$100,000 deposited on 3 August 2022, being the earlier said preserved sum; and
(ii)$681,351.19 deposited in April 2023, being the nett proceeds of sale of the Suburb Z property.
These transactions reveal some of the transactions undertaken and the effect of various contributions.
What is missing is any evidence of income generated by either party. No taxation returns have been produced to the Court.
The husband’s Financial Statement filed 16 September 2019 deposes to his occupation being “builder and developer” for “[H2 Pty Ltd]”, which I understand may be connected with the W Family, yet he was receiving no income at all for the entity. His Financial Statement is of little assistance.
The wife’s more recent Financial Statement filed 5 February 2024 shows income of $1,000 per week, but is not actually received, it being rental held by the real estate agent on trust as a result of a Court Order, and accumulating.
THE POOL
The wife swears to her belief of the current interests of the parties in her affidavit, at paragraph 20, which is reproduced in these Reasons as Appendix Three.
In respect of those interests, it is obvious that the Court has virtually no knowledge about the husband’s financial position.
In view of these interests and the breakdown of the relationship, coupled with the positions of the parties represented by Appendix One and Appendix Two, I am satisfied it is just and equitable to make an order (s 79(2) of the Act).
THE HUSBAND’S FAILURE TO MAKE DISCLOSURE
The wife’s submissions at paragraph 4 are that:
4.1.The Wife submits that the Husband has cruelled the Court’s ability to properly assess the asset pool in an orderly manner, consistent with best practice.
4.2.Instead, the Husband has conducted himself in a manner which gives rise to the submission that the Court should proceed to draw inferences unfavourable to him wherever a question arises requiring consideration of one thing or another.
4.3.The Wife invites the Court to make a finding that the Husband has an interest in various undisclosed assets which he is using to undertake fu1ther business activities or else has arrived at an arrangement with wealthy Third Parties which mean that he has no need to come before the Court to seek a share of these assets, as doing so would be disadvantageous.
There is much force in this submission in my view, on the evidence, and although it is open to find, and I do find, the husband has an interest in various entities, it is impossible and mere speculation to determine the value of those interests.
I also accept that the Court cannot be satisfied whether he has other interests, because of his complete failure and disregard to meet his duty of full disclosure.
CONTRIBUTIONS AND S 75(2) FACTORS
The difficulties with such a dearth of evidence from the husband makes the usual comparative evaluation of the factors – prescribed by s 79(4) obvious. However, doing the best I can, I find that:
(a)this was a short relationship where the parties’ lifestyle, rather than accumulation of assets as known, benefited from lucrative dealings with a Country S benefactor family;
(b)the wife’s family provided substantial financial support to the wife, enabling her to purchase real estate which enjoyed significant capital gains;
(c)the wife’s direct financial contributions significantly outweigh those which the husband sought to establish – but failed to do so;
(d)it is impossible to know what the value of the entities in which the husband has an interest (established from the public records annexed to the wife’s affidavit). Any ongoing benefits from the business arrangements the husband had, at least shortly after separation, reinforced with the W family, is impossible to know because of the continued failure by the husband to both engage in these proceedings and make fulsome discovery;
(e)whilst, during the short relationship, joint income (whatever that may have been) may have contributed to the preservation and maintenance of the wife’s real property interests, this contribution (considering rentals received would have met some outgoings) by the husband I find was minimal;
(f)although the wife, at the time of the undefended hearing, was not gainfully employed, she has developed skills in the real estate/property management industry. At her age, and in the absence of any probative evidence that shapes negatively her future earning capacity, I find she has the capacity to meet her future living expenses;
(g)the nature of the order I will make as contended for by the wife in her submissions, would vest the entirety of the available pool of interests in the wife. In so doing, she will have a significant amount of capital at her disposal to invest as she seeks – and she is only 30 years of age; and
(h)as continually stated in these Reasons, the husband’s failure to engage and disclose, in the face of public records that identify certain interests and coupled with the wife’s evidence that to the best of her knowledge, the husband’s commercial connections with the wealthy Country S family continue, means that the husband has done himself a huge disservice in not taking up the multiple opportunities to inform the Court of his true current financial position.
WHAT ORDERS ACHIEVE JUSTICE AND EQUITY FOR BOTH PARTIES?
The difficulties that arise from the husband’s failure to engage, explain, and make submissions on any relevant evidence he may have been able to produce, should not prevent the wife from seeking finality in these proceedings – an aim of s 81 of the Act.
It is fair that the wife should be able to move on in her life and not be restricted by the former husband Mr Xue’s failures to engage. There is not sufficient evidence to support the wife’s submissions at paragraphs 3.6, 5.9 and 7.4 that, in effect, his actions should be construed as demonstrating that by not engaging, the Court can infer he has substantial interests.
However, it needs to be recalled that the husband was the Applicant and has failed to prosecute any claims, or cross applications that may have been available.
In the unusual circumstances of the history of this short relationship, and the difficult case management history, doing the best I can, I find the orders which appear at the commencement of these Reasons are just and equitable.
Although the wife may instruct lawyers to pursue a costs application, the utility of any such application should be a consideration. Ultimately that is a matter for her.
I certify that the preceding forty (40) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Baumann. Associate:
Dated: 18 September 2024
APPENDIX ONE
Retentions
1.That the Respondent shall retain, free from any claims of the Applicant, the following:
(a)All household contents, furniture and furnishings in her possession and/or her control;
(b)All items for personal nature including jewellery in her possession and/or control;
(c)All motor vehicles registered or otherwise held in her name or held for her benefit;
(d)Her right to recover any loans made to her family members;
(e)Her superannuation entitlements;
(f)All accounts held with Australian Financial Institutions or any other institutions in her name or held for her benefit; and
(g)The real property located at B Street, Suburb C QLD, subject to encumbrance.
2.That the Applicant shall retain, free from any claims of the Respondent, the following:
(a)All household contents, furniture and furnishings in his possession and/or his control;
(b)All items for personal nature including jewellery in his possession and/or control;
(c)All motor vehicles registered or otherwise held in his name or held for his benefit;
(d)His superannuation entitlements;
(e)All accounts held with Australian Financial Institutions or any other institutions in his name or held for his benefit; and
(f)His interests in the following entities:
i.D Pty Ltd;
ii.E1 Pty Ltd;
iii.E2 Pty Ltd;
iv.E3 Pty Ltd;
v.F Pty Ltd;
vi.G Pty Ltd; and
vii.H1 Pty Ltd;
viii.H2 Pty Ltd;
ix.J Limited; and
x.K Limited.
Indemnities
3.Save as otherwise provided for herein, that the Respondent shall bear responsibility for, and indemnify the Applicant for and in respect of, the following liabilities:
(a)The NAB loan secured against B Street, Suburb C QLD;
(b)Any taxation liabilities in her name, howsoever arising; and
(c)Any other liabilities in her name
4.Save as otherwise provided for herein, that the Applicant shall bear responsibility for, and indemnify the Wife for and in respect of, the following liabilities:
(a)Any liabilities associated with any entity controlled by or otherwise related to the Applicant;
(b)Any taxation liabilities in the Applicant’s name, or the name of any entity associated with the Applicant, howsoever arising; and
(c)Any other liabilities in his name
Transfer of Joint Real Property
10.That within thirty (30) days from the date of these Orders the parties shall do all acts and things and sign all documents as are necessary to cause the transfer to the Respondent all right (inclusive of legal and beneficial rights), title and interest in and to the real property known as O Street, Suburb P QLD , more particularly described as Lot … Group Titles Plan …, Title Reference …, free of encumbrance, at her sole expense.
11.That for the purpose of Order 5 above, the Registrar of the Federal Circuit Court of Australia at Brisbane is hereby appointed pursuant to section 106A of the Family Law Act to execute all deeds and documents in the name of the Applicant, Mr Xue, and to do all acts and things necessary to give validity and operation to these Orders.
Division of Funds
12.That the funds resting in the trust account of Q Real Estate, Suburb P be paid to the Respondent, and that this Order is sufficient authority for the Director of Q Real Estate, Suburb P to release the funds to the Respondent.
13.That the funds standing to the credit of the parties in the trust account of the Respondent’s solicitors, Evans Brandon Family Lawyers, be paid to the Respondent.
9. That the Applicant’s Initiating Application is otherwise dismissed.
10. That the Applicant pay the Respondent’s costs of and incidental to the proceedings.
APPENDIX TWO
1.That pursuant to section 79 of the Family Law Act 1975 the parties’ interests in the total combined net property of the parties be altered so as to reflect a just and equitable division of the net property of the parties.
2.That as part of his entitlement pursuant to order I hereof, the Applicant to receive and or retain the following assets and or liabilities:
(a)All of his interest in the company H2 Pty Ltd;
(b)All household contents, furniture and furnishings in his possession and or control;
(c)All items of a personal nature including jewellery in his possession and or control;
(d)All motor vehicles registered or otherwise held in his name or held for his benefit;
(e)All accounts held with Australian Financial Institutions in his name or held for his benefit;
(f)All superannuation interests held in his name or held for his benefit;
(g)All liabilities in his sole name.
3.That as part of her entitlement pursuant to order I hereof, the Respondent to receive and or retain the following assets and or liabilities:
(a)All household contents, furniture and furnishings in her possession and or control;
(b)All items of a personal nature including jewellery in her possession and or control;
(c)All motor vehicles registered or otherwise held in her name or held for her benefit;
(d)All accounts held with Australian Financial Institutions in her name or held for her benefit;
(e)All superannuation interests held in her name or held for her benefit;
(f)All liabilities in her sole name.
4.That within 60 days of the date of these Orders an adjustment be made between the parties by payment by one to the other of such amount necessary to effect the division of the total net property pursuant to order 1 hereof, having regard to the value of the assets and liabilities to be retained by each party pursuant to these orders.
5.That:
(a)save as specified in these orders, the parties retain their assets in their respective possession and that they indemnify each other against any liabilities held in their sole names;
(b)each party shall do all acts and things reasonably required by the other including the signing or execution of all necessary documents to give effect to the provisions of this order within 14 days of being requested to do so;
(c)if either party refuses or neglects to sign or execute and return a document within 14 days of a written request to do so then the Registrar of the Brisbane Registry of the Federal Circuit Court is hereby appointed under Section 106A of the Family Law Act 1975to sign or execute such document on behalf of that party upon lodgement of such document and the filing of an affidavit of a solicitor on behalf of the requesting party as to said neglect or refusal;
(d)a defaulting party shall pay the other party's costs of and incidental to such request and production of documents to the Registrar.
6.That the Respondent shall pay the Applicant's costs of and incidental to these proceedings.
7.Such further or other orders as this Honourable Court deems just.
APPENDIX THREE
DESCRIPTION OWNED BY WIFE’S VALUE COMMENTS Real Property B Street, Suburb C Wife $1,175,000.00 Per L Company Report dated 23.01.24 O Street, Suburb P Wife $1,550,000.00 Per L Company Report dated 23.01.24 Bank accounts NAB account …91 Wife $1,550.00 As at 18.01.2024 Monies standing to credit in Q Real Estate, Suburb P Real Estate Trust Account Joint $54,000 $100,000 in Trust from Supreme Court Proceedings Wife $100,000 EBFL trust account 04.08.22 Sale Proceeds of Y Street property Joint $681,351.19 EBFL trust acc 13.04 and 14.04 Add-backs Funds [from] sale of Suburb U property repaid to parents (Add-back) Wife $720,030.00 See para 78 below Funds from Supreme Court Proceedings transferred to family members (Addback & loans) Wife $667,000.00 See para 74 below Husband’s Pre-paid Legal costs Husband $179,543.13 Rule 12.06 Costs Notice filed by M Lawyers on 4.11.22 Wife’s Pre-paid Legal costs (Paid to N Lawyers & Mr BB – where funds paid to EBFL loaned by partner) Wife $20,280.00 Gross Assets $5,148,754.32 Liabilities NAB loan ending …59 Wife $564,409.00 As at 18.01.2024 Total Liabilities $564,409.00 Net Assets $4,584,345.32 Superannuation Husband’s Super Husband $13,718.00 Lost known balance Super Fund 1 Wife $24,265.00 TOTAL SUPERANNUATION $37,983.00 Net Assets + Superannuation $4,622,328.32 Entities/Assets Controlled by Husband
DESCRIPTION OWNED BY WIFE’S VALUE COMMENTS H2 Pty Ltd Husband n/k Husband is Director and Secretary D Pty Ltd (100% interest) Husband n/k Husband is Director and Secretary E1 Pty Ltd (80% interest) D Pty Ltd n/k Husband is Director and Secretary. Husband has 80% effective interest. E2 Pty Ltd (50% interest) D Pty Ltd n/k Husband is Director and Secretary. Husband has 50% effective interest. E3 Pty Ltd (50% interest) D Pty Ltd n/k Husband is Director and Secretary. Husband has 50% effective interest. F Pty Ltd (20% interest) D Pty Ltd n/k Husband is Director and Secretary. Husband has 20% effective interest. Pty Ltd (100% interest) F Pty Ltd n/k, but company owns:
(a) CC Street, Suburb DD (Land), purchased in 2020 for $3,500,000 with no registered mortgage; and
(b) EE Street, Suburb FF (Land) purchased in 2020 for $2,200,000 with no registered mortgage; and
(c) GG Street, Suburb HH (newly built units, listed for sale $870K each in 2022), with no registered mortgage.Husband is Director and Secretary. Husband has 20% effective interest. H1 Pty Ltd (100% interest) Husband Husband is Director and Secretary
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