Beaumont v Mirosevich [2023] NSWDC 608

District Court New South Wales

Medium Neutral Citation: Beaumont v Mirosevich [2023] NSWDC 608 Hearing dates: 18 August 2023 Date of orders: 18 August 2023 Decision date: 18 August 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: In relation to the Notice of Motion filed 17 August 2023: (1) The Notice of Motion filed 17 August 2023 is returnable instanter; (2) On the giving through his counsel of: (a) An undertaking by the defendant to commence proceedings in the Federal Circuit and Family Court of Australia (Division 2) no later than 18 September 2023 seeking relief against the plaintiff arising from their former relationship, including the setting aside of the Heads of Agreement dated 30 March 2023 and the Deed of Settlement and Release dated 12 April 2023 between the plaintiff and the defendant or similar relief in relation to the consequences of that Agreement and the Deed; and (b) An undertaking to prosecute such proceedings expeditiously, pursuant to section 67 of the Civil Procedure Act 2005 (NSW) these proceedings are stayed until 5.00pm on 20 September 2023 or until further order. (3) The defendant is to pay the plaintiff's costs of the Notice of Motion as agreed or assessed. (4) The hearing of the Notice of Motion listed to commence on 23 August 2023 is vacated. (5) The defendant is to pay the plaintiff's costs thrown away by reason of the vacation of the hearing date as agreed or assessed. (6) The costs referred to in orders (3) and (5) may be assessed forthwith. (7) The matter is listed for further directions on 20 September 2023 before the Civil List Judge at 9.30am. (8) Liberty to apply on two business days' notice. (9) The time for the defendant to pay into court the sum of $170,000 is extended to 9.30am on 20 September 2023. Note: The vacation is due to foreshadowed Family Court proceedings arising out of the alleged de facto relationship said to give potentially exclusive jurisdiction to the Family Court to determine the disputes between the parties. Catchwords: PRACTICE AND PROCEDURE – enforcement of alleged settlement agreement – stay sought due to proposed proceedings in the Federal Circuit and Family Court of Australia between the parties who were alleged to have been in a de facto relationship – principles applicable Legislation Cited: Civil Procedure Act 2005 (NSW) Family Law Act 1975 (Cth) Cases Cited: Aviani v Loh (No 2) [2022] NSWSC 1148 Category: Procedural rulings Parties: Nicole Lesley Beaumont (Plaintiff) Richard Andrew Mirosevich (Defendant) Representation: Counsel: E White (Plaintiff) R Reynolds (Defendant)