Zha & Wun (No 2)

[2022] FedCFamC1F 576

Federal Circuit and Family Court of Australia

(DIVISION 1)

Zha & Wun (No 2) [2022] FedCFamC1F 576

File number(s):

SYC 4269 of 2020

Judgment of:

SCHONELL J

Date of judgment:

10 August 2022

Catchwords:

FAMILY LAW – FINANCIAL – Interim orders – Where the wife sought various financial orders against the husband – Where the husband opposed the orders and sought to discharge various existing consent orders by seeking to sell various properties – Where the husband did not establish a change of circumstances sufficient to warrant reconsideration of the orders – Husband’s application dismissed – Orders sought by the wife made.

FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife sought against the second and third respondents enforcement of disclosure orders previously made and various restraints – Where the second and third respondents contended that later orders superseded the earlier disclosure orders – Interpretation of orders and judgment – Where the later orders did not supplant the earlier disclosure orders – Where the wife also sought to join a company that the second respondent is the sole director shareholder of – Where it is appropriate to that the company be joined to the proceedings.   

Legislation:

Family Law Act 1975 (Cth) ss 79, 80, 117

Family Law Rules 2004 (Cth) r 13.04

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 6.06

Cases cited:

Adam P Brown Male Fashions Pty Ltd v Phillip Morris Inc (1981) 148 CLR 170; [1981] HCA 39

Kachmar & Madero [2022] FedCFamC1F 476

Medlow& Medlow (2016) FLC 93-692; [2016] FamCAFC 34

Salvage & Fosse (2020) FLC 93-966; [2020] FamCAFC 144

Shamon & Shamon [2021] FamCA 417

Strahan & Strahan (2011) FLC 93-466; [2009] FamCAFC 166

Zha & Wun [2021] FamCA 143

Zha & Wun [2022] FedCFamC1F 274

Division:

Division 1 First Instance

Number of paragraphs:

77

Date of hearing:

29 July 2022

Place:

Sydney

Counsel for the Applicant:

Mr Dickson QC with Mr Fudim

Solicitor for the Applicant:

Pickering Pendleton

Counsel for the First Respondent:

Mr Ahmad

Solicitor for the First Respondent:

Sunfield Chambers

Counsel for the Second and Third Respondents:

Mr Hollo

Solicitor for Second and Third Respondents:

David H Cohen & Co.

ORDERS

SYC 4269 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ZHA
Applicant

AND:

MR WUN
First Respondent

MR A WUN

Second Respondent

MS YANG

Third Respondent

order made by:	SCHONELL J
DATE OF ORDER:	10 August 2022

THE COURT ORDERS THAT:

1.That within 7 days of the date of these Orders, the parties shall do all acts and things and sign all documents necessary to transfer the following into a bank account in the applicant wife’s (“the wife’s”) sole name (the Utility account):

1.1      100% of the funds presently held in Offset Account ending #84;

1.2 100% of the funds presently held in Offset Account ending #64; and

1.3       100% of the funds presently held in Offset Account ending #03.

2.That upon receipt of the funds into the…