Brennan v McGuire (No 4) [2011] FCA 702

FEDERAL COURT OF AUSTRALIA

Brennan v McGuire (No 4) [2011] FCA 702 Citation: Brennan v McGuire (No 4) [2011] FCA 702

Parties: ROBERT GEORGE BRENNAN v GLENYS FREYA MCGUIRE

File number: NSD 1147 of 2010

Judge: RARES J

Date of judgment: 10 June 2011

Legislation: Domestic Relationships Act 1994 (ACT) s 14 Federal Court of Australia Act 1976 (Cth) s 51A

Cases cited: Brennan v McGuire (No 3) [2011] FCA 505 referred to Brennan v McGuire [2010] FCA 1443 referred to

Date of hearing: 10 June 2011

Date of last submissions: 10 June 2011

Place: Sydney (via video link to Canberra)

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 18

Solicitor for the Applicant: Ms M Reid of Phelps Reid

Counsel for the Respondent: Respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1147 of 2010

BETWEEN: ROBERT GEORGE BRENNAN

Applicant

AND: GLENYS FREYA MCGUIRE

Respondent

JUDGE: RARES J DATE OF ORDER: 10 JUNE 2011 WHERE MADE: SYDNEY (VIA VIDEO LINK TO CANBERRA)

THE COURT ORDERS THAT:

1. The orders made on 24 February 2011 and entered on 2 March 2011 be varied by: (a) in Order 1 deleting "31 March 2011" and substituting "17 June 2011"; (b) deleting orders 2 and 3(b) and inserting the following: (a) as Order 2: 2. At the settlement appointment Ms McGuire shall deliver to Mr Brennan: (a) bank cheques: (1) in favour of Frank Lopilato as liquidator of the company in the sum of $205,000; (2) in favour of Mr Brennan (or as he may direct in writing not later than 2 working days before the settlement appointment) in the sum of $613,500; (b) an executed mortgage over the property in registrable form settled by the Registrar securing the interest of Mr Brennan in the fund up to the date on which the last of the following occurs: (1) the company in liquidation pays a final dividend to the fund in respect of its proof of debt; (2) the fund's 2009 and 2010 tax returns are signed, and any tax payable or refundable has been paid by or credited to the fund (as the case requires); (3) the fund pays Mr Kaufline the whole of his member balance represented by 30.55% of the total members' funds after the steps in (1) and (2) have occurred; (4) Mr Kaufline and all persons other than Mr Brennan have signed and delivered to Mr Brennan resignations as members of the fund and as trustees. (b) as Orders 2B and 2C: 2B Ms McGuire be and is hereby removed as a member and trustee of the fund and her former interest therein be credited to Mr Brennan absolutely. 2C Ms McGuire by herself her servants and agents be restrained from communicating directly or indirectly with: (a) any accountants or other persons appointed to act for the fund in respect of the fund, its accounts, taxation position or its affairs; (b) the company or the liquidator in respect of the liquidation of the company or its affairs except and only to the extent that any such person, without solicitation, directly or indirectly, by her or on her behalf, seeks to communicate with her. (c) in Order 6, adding after "proceedings": "up to 17 February 2011 and that thereafter Ms McGuire pay Mr Brennan's costs as taxed other than the costs of attending to the obligations he had to perform to settle on 31 March 2011, and the taxed costs payable by each party may be set off against the other to produce a net amount owed by one of them". Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.