Zhuo & Ji - [2023] FedCFamC1F 357

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Zhuo & Ji [2023] FedCFamC1F 357

File number: SYC 3409 of 2022

Judgment of: HARPER J

Date of judgment: 10 May 2023

Catchwords:
FAMILY LAW – PROPERTY – Where wife seeks the continuation of interlocutory injunctions to prevent husband from dissipating or transferring assets without her written consent – Where husband holds majority control over assets as director or majority shareholder of various corporate entities – Where husband has not complied with previous injunctions and caused the sale of real property under restraint – Where other properties have been placed on the market – Claim that injunction necessary to preserve the status quo pending final hearing – Where wife seeks an order that the proceeds of the sale of real property be placed in a controlled monies account to be applied to the construction costs of two developments – Order for injunctions made – Proceeds of sale ordered to be placed in a controlled monies’ account – Order for wife’s consent to payment of invoices related to the developments from the controlled monies’ account.

FAMILY LAW – PRACTICE AND PROCEDURE –Where wife has made allegations of serial non-disclosure and non-compliance with Court orders – Where husband has demonstrated an unwillingness to adequately co-operate with the function of the Court’s processes – Orders made for husband to provide further and complete disclosure –
Where orders made to dismiss the husband’s Response in the event there is any further non-compliance with any order of the Court – Leave given to wife to apply for the proceedings to be listed for final hearing as if undefended in the event there is further non-compliance by husband.

Legislation:
Family Law Act 1975 (Cth) s 67

Federal Circuit and Family Court of Australia (Family Law) Rules2021 (Cth) rr 1.04, 1.05, 1.06, 1.33, 10.18

Cases cited: First Netcom Pty Ltd v TelstraCorporation Ltd (2000) 101 FCR 77; [2000] FCA 1269

Division: Division 1 First Instance

Number of paragraphs: 34

Date of hearing: 12 April 2023

Place: Sydney

Counsel for the Applicant: Ms Kennedy

Solicitor for the Applicant: Lander & Rogers

Counsel for the Respondent: Mr Cairns

Solicitor for the Respondent: Jeffrey Choy Legal
ORDERS

SYC 3409 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS ZHUO

Applicant

AND:
MR JI

Respondent

order made by:

HARPER J

DATE OF ORDER:

10 May 2023

THE COURT NOTES THAT:
A.These proceedings were initiated on 20 May 2022.
B.Interim orders were made requiring the Respondent Husband (“husband”) to provide full and frank disclosure on 1 June 2022, 17 June 2022, 4 August 2022, 11 October 2022, and 17 February 2023. The Applicant Wife (“wife”) asserts that to-date, the husband has failed to comply in full with these orders.
C.All previous orders of the Court remain in full force and effect unless otherwise discharged by further order of the Court.
D.The husband presently receives progress claims and other invoices for payment from the builders or subcontractors…

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.

Continue reading Zhuo & Ji

Details

AGLC: Zhuo & Ji [2023] FedCFamC1F 357
Case: [2023] FedCFamC1F 357
Decision Date

CaseChat Overview and Summary

These are property proceedings between Ms Zhuo (wife) and Mr Ji (husband). The wife has applied for the continuation of injunctive relief and other orders to prevent the husband from dissipating or transferring assets without her written consent. The husband has not complied with previous orders of the Court. The wife’s application was heard on 12 April 2023.The wife sought the continuation of injunctive relief to restrain the husband from dissipating, transferring, withdrawing or applying the proceeds of sale of a property located at J Street, Suburb K (J Street) in any manner whatsoever, save and except in compliance with the orders. The wife also sought that the proceeds of sale of J Street be transferred to a controlled monies account to be applied to the construction costs of two developments. The wife further sought that the husband be restrained from signing or exchanging contracts for the sale of two properties located at M Street, Suburb O (M Street) and N Street, Suburb P (Suburb P property) without the wife’s expressed written consent. The husband did not oppose the orders relating to the J Street property, but opposed the orders relating to M Street and Suburb P property.The Court accepted the wife’s evidence that the husband had not complied with previous orders of the Court, including orders for disclosure. The Court concluded that the previous orders of the Court had not been sufficient to deliver adequate disclosure to the wife or to prevent the husband from dealing with assets. The Court accepted that the husband had acted in breach of the existing injunctions. The Court concluded that it was in the interests of both parties for the developments to be completed. The Court granted the wife’s application for the continuation of injunctive relief and other orders, in substantially the form sought. The Court made orders for the husband to provide further and complete disclosure and dismissed the husband’s Response in the event there is any further non-compliance with any order of the Court. The Court also gave leave to the wife to apply for the proceedings to be listed for final hearing as if undefended in the event there is further non-compliance by the husband.

Orders