Young, Joanne Elizabeth v Young, Leslie James [2012] NSWSC 1230

Supreme Court New South Wales

Medium Neutral Citation: Young, Joanne Elizabeth v Young, Leslie James [2012] NSWSC 1230 Hearing dates: 10/09/2012 and 17/09/2012 Decision date: 15 October 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The parties are to produce a document that sets out Mr Young's assets and liabilities as at 30 June 2012 in accordance with the adjusted Financial Statement and with Harrison AsJ's reasons. (2) The costs of and incidental to the plaintiff's notice of motion filed on 4 May 2012 (including the hearing on 10, 11 and 19 September 2012 of the separate questions dated 12 July 2012) are costs in the plaintiff's substantive application for orders under s 79 of the Family Law Act 1975 (Cth). Catchwords: PROCEDURE - other rulings - questions pursuant to r 28.2 UCPR - value of assets and liabilities Legislation Cited: Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Axon v Axon (1937) 59 CLR 395 R v Noonan (2002) 127 A Crim R 599 Category: Procedural and other rulings Parties: Joanne Elizabeth Young (Plaintiff) Leslie James Young (Defendant) Representation: Counsel: Solicitors: File Number(s): 2008/286909

Judgment 1The substantive proceedings involve an application for a property settlement under s 79 of the Family Law Act 1975 (Cth). These proceedings were commenced in the Family Court of Australia in 2007 and cross vested to this Court. 2The plaintiff is Joanne Elizabeth Young. The defendant is Leslie James Young. They were husband and wife. 3On 12 July 2012, Adamson J made an order that four separate questions be answered by this Court pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005 (UCPR). At the hearing of these separate questions, the parties agreed that separate questions (3) and (4) do not need to be answered. The separate questions to be answered are: (1) What are the assets and liabilities of each of Mr and Mrs Young and their respective values as at 30 June 2012 for the purpose of assessment under s 79 of the Family Law Act 1975 (Cth)? (2) What were the assets and liabilities of each of Mr and Mrs Young as at 30 June 2000 and their respective values (being the close of financial year of the agreed date of separation)? 4Counsel for the defendant, in his submissions, criticised the actual questions that are the subject of separate determination. The time for making those criticisms was when the separate questions were being framed at the hearing on 12 July 2012. A reading of that transcript reveals that they were not made. It is too late to ventilate them now.