FAMILY COURT OF AUSTRALIA
| ZENG & JING AND ANOR | [2018] FamCA 423 |
| FAMILY LAW – CHILDREN – where the husband seeks a two stage approach to the contact orders for a child not quite three years of age, the second stage being that when he obtains appropriate accommodation, it be extended to overnight – where the court says that such an order is inappropriate without knowing what impact such an increase in time would have on the child – where the wife opposes the extensive nature of the first stage of the orders proposed but the court finds that having regard to the wife’s willingness to have had the child in her care at times immediately around separation, there is no foundation for such concern about the husband’s capacity – orders made. FAMILY LAW – PROPERTY – where the husband seeks a partial property settlement on an urgency basis but the evidence from the wife and her mother as second respondent is either incomplete or not filed at all and the court is unable to discern who has what interests in what property – order for partial property settlement refused but the husband may bring further application when evidence is clear. FAMILY LAW – PROPERTY – where the husband seeks injunctive relief relating to the disposal of assets including an application under s 106B of the Family Law Act 1975 (Cth) – where the evidence supports the granting of injunctions and to which both and second respondent consent but there is not sufficient evidence to find that the husband’s interests of claim may have been defeated because it may be that the property does not belong to the husband and the wife – application for s 106B orders is refused. |
| Family Law Act 1975 (Cth) |
| Bing and Bing (2007) FLC 93-318 Goode and Goode (2006 FLC 93-286 |
| APPLICANT: | Mr Zeng |
| RESPONDENT: | Ms Jing |
| INTERVENOR: | Ms Lao |
| FILE NUMBER: | MLC | 5795 | of | 2018 |
| DATE DELIVERED: | 12 June 2018 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 6 June 2018 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Wilson |
| SOLICITOR FOR THE APPLICANT: | Kennedy Partners |
| COUNSEL FOR THE RESPONDENT: | Mr O'Shannessy |
| SOLICITOR FOR THE RESPONDENT: | Carew Counsel Pty Ltd |
| COUNSEL FOR THE INTERVENOR: | Mr Matta |
| SOLICITOR FOR THE INTERVENOR: | Sayer Jones |
Orders
That the application of the husband for interim orders as contained in his application filed 4 June 2018 and the response of the wife seeking interim orders as contained in the document filed at court on 6 June 2018 are both adjourned to the Judicial Duty List at 10.00am on 31 July 2018.
That the application of the husband for interim relief by way of a partial property settlement or litigation funding in the sum of $250,000 is refused.
That paragraph (2) of the application for interim orders filed 4 June 2018 is dismissed.
That the wife and the second respondent are restrained by injunction from disposing of or encumbering the fixed assets of either of them…
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- AGLC
- Zeng and Jing & Anor [2018] FamCA 423
- Case
- [2018] FamCA 423
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the appropriate interim contact arrangements for the young child, the husband's entitlement to a partial property settlement on an urgent basis, and whether injunctive relief, including an application under section 106B of the *Family Law Act 1975* (Cth), should be granted to prevent the disposal of assets. The court also had to determine if there was sufficient evidence to support the husband's claim that his interests might be defeated by the disposal of property.
Regarding the children's matters, the court found that the husband's proposed two-stage approach to contact, which included overnight stays contingent on obtaining suitable accommodation, was inappropriate without understanding the potential impact on the child. However, the court did not find grounds for the wife's concerns about the husband's capacity to care for the child, given her willingness to have the child in her care shortly after separation. In relation to property, the court refused the husband's application for a partial property settlement due to incomplete or absent evidence from the wife and second respondent regarding property interests. While the court granted injunctions restraining the wife and second respondent from disposing of or encumbering fixed assets and from altering corporate or trust structures, it refused the application under section 106B of the *Family Law Act 1975* due to insufficient evidence that the husband's interests of claim might have been defeated.
The court made several orders, including adjourning the applications for interim orders concerning children and property, refusing the husband's application for a partial property settlement or litigation funding, and dismissing a specific paragraph of the husband's application. Injunctions were granted against the wife and second respondent concerning the disposal of assets and alteration of corporate structures. Leave was granted for the husband to apply to vary or extend parenting orders if no agreement was reached, and costs were reserved.
Orders
Orders of the court
1.
That the application of the husband for interim orders as contained in his application filed 4 June 2018 and the response of the wife seeking interim orders as contained in the document filed at court on 6 June 2018 are both adjourned to the Judicial Duty List at 10.00am on 31 July 2018.
2.
That the application of the husband for interim relief by way of a partial property settlement or litigation funding in the sum of $250,000 is refused.
3.
That paragraph (2) of the application for interim orders filed 4 June 2018 is dismissed.
4.
That the wife and the second respondent are restrained by injunction from disposing of or encumbering the fixed assets of either of them and/or all of the entities under which the mother and the wife have control save as may be agreed between the parties or by further order of the court.
5.
That the wife and the second respondent are restrained by injunction from altering the existing corporate and/or trust structures including, altering the directorships, the shareholdings or, making decisions to alter the trustee of any trust by use of the appointor power under any such trust.
6.
That the husband have leave to apply to the senior registrar’s list if there is no agreement in respect of any variation and/or extension of the parenting orders made on 6 June 2018 in respect of the child X born in 2015.
7.
That the parties’ costs of the day are otherwise reserved to the return date.
IT IS CERTIFIED:
8.
That pursuant to Order 19.50 of the Family Law Rules 2004 it was reasonable to engage counsel to attend.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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