Warin & Warin (No 3)

[2021] FedCFamC1F 372

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Warin & Warin (No 3) [2021] FedCFamC1F 372

File number(s):	MLC 7368 of 2020
Judgment of:	WILSON J
Date of judgment:	22 December 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – JOINDER – order made for joinder – orders made on 17 December 2021 extended to 23 March 2022.
Division:	Division 1 First Instance
Number of paragraphs:	5
Date of hearing:	22 December 2021
Place:	Melbourne
Solicitor for the Applicant:	Vadarlis & Associates
Solicitor for the First Respondent:	Sebastian Rubera & Associates
Solicitor for the Second Respondent:	Maddocks Lawyers
Solicitor for the Third Respondent:	Sebastian Rubera & Associates

ORDERS

MLC 7368 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS WARIN

Applicant

AND:

MR WARIN

First Respondent

MR STANTON & MR BASFIELD IN THEIR CAPACITY AS TRUSTEES IN BANKRUPTCY OF THE BANKRUPT ESTATE OF THE RESPONDENT HUSBAND

Second Respondent

MS INSTON (and another named in the Schedule)

Third Respondent

ORDER MADE BY:	WILSON J
DATE OF ORDER:	22 DECEMBER 2021

THE COURT ORDERS THAT:

1.Paragraph two of the orders made by me on 17 December 2021 are extended to 23 March 2022.

2.On or before 4:00pm on 14 January 2022 the fourth respondent must file and serve any affidavit material upon which it seeks to rely.

3.On or before 4:00pm on 28 January 2022 any affidavit material upon which any party seeks to rely in opposition must be filed and served.

4.On or before 4:00pm on 16 March 2022 the parties must file and serve written submissions.

5.The further hearing of this proceeding is adjourned to 9:00am on 23 March 2022 for mention.

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 persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Warin & Warin is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

WILSON J

1. This is the return of an urgent application ordered on 17 December.  On that day I made orders requiring payments to be made into a controlled money account consequent upon my ordering the joinder of Warin Pty Ltd as the fourth respondent in this proceeding.  Service of that order and accompanying process was effected on Warin Pty Ltd and today, Mr CC, a director of that company, appeared to explain certain aspects of background issues.

2. Since the making of the orders on 17 December, a flurry of affidavit material has emerged including a very detailed affidavit of Ms Amelia Vadarlis made 21 December 2021.  Mr CC submitted, and I accept, that he has very recently received documentation for this application and has not yet had an opportunity to get on top of the material.  Still less has he had an opportunity to file whatever he wishes, say, in reply. 

3. It seems to me that there is enough material before me to show that the registration of Warin Pty Ltd has been reinstated even though it was earlier deregistered by orders made in the Supreme Court of Victoria by Judicial Registrar Caporale on 13 September 2021.  As to its registration, on and from that date, Mr CC will undoubtedly give evidence about the financial condition of that company and the circumstances leading to the execution of the deed that led to the joinder of that company as a party to this proceeding.

4. Of course, it is too early for me to make any definitive determinations about the flow of funds or the ongoing role of Warin Pty Ltd in this litigation.  That said, the position does not appear to have materially changed since the making of the orders on 17 December 2021.  Evidence will need to unfold by which I can make a proper assessment of the circumstances in which the deed was executed and the circumstances in which money is to be paid and to whom it is to be paid. 

5. In those circumstances, it is appropriate, in my view, to continue the orders made or at least paragraph two of the orders made by me on 17 December 2021 until a date by which all material should be before the Court, recognising that the Court will recess from today until, in my case, early February.  I propose to extend the orders made in paragraph two of the orders made by me on 17 December 2021 orders until 23 March 2022.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Wilson.

Associate:

Dated:       22 December 2021

SCHEDULE OF PARTIES

MLC 7368 of 2020
Respondents
Fourth Respondent:	WARIN PTY LTD