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[2025] VSC 400
General information, not legal advice.
Supreme Court of Victoria
2025-07-04
Matthews J
Original judgment source is linked above.
(a) if a LPR Application is not filed and served by 4.00pm on 11 July 2025, then the Freezing Order is discharged;
(b) by 4.00pm on 11 July 2025, the solicitors for Wesley and Max are to inform my Chambers whether a LPR Application has been filed and served and, if so, provide a copy of the application; and
(c) if an application has been made in accordance with paragraph (a), then the Discharge Application be adjourned to a date to be fixed.
MICHAEL JOHN PICKETT (a person under disability who sues by his Litigation Guardian, WESLEY SEAN PICKETT)
[1] With no disrespect to the individuals involved, I will refer to them by their first names so as to avoid confusion.
[2] The relevant properties are: 31 Camp Street, Chelsea; 1 The Avenue, Chelsea; 10 Fox Road, Narre Warren North; 74 Hallam North Road, Hallam North; and 1 Moonya Road, Carnegie.
[3] The freezing order was varied on 7 December 2023 (Watson J); 18 December 2023 (Richards J); 22 December 2023 (Richards J); 17 April 2024 (Moore J); 5 September 2024 (Matthews J); 9 September 2024 (Matthews J); 15 November 2024 (Matthews J); 7 February 2025 (Matthews J) and 20 February 2025 (Matthews J).
[4] Jago v District Court of NSW [1989] HCA 46, [14]; [1989] HCA 46; (1989) 168 CLR 23, 31 (Mason CJ) (Jago).
[5] (1988) 217 ALR 44, 46 (Brimaud v Honeyset) (citations omitted), applied in [2011] VSC 60, [44] (Judd J). See also Zhang v Zhang (No 2) (2025) FCA 98 (Neskovcin J); National Australia Bank Ltd v Human Group Pty Ltd (No 2) [2020] NSWSC 1900, [104] (Henry J) (NAB v Human Group).
[6] [2019] VSC 56, [73] (Vasilaras v Laprese).
[7] Vasilaras v Laprese [73], referring to Bird v McComb (No 3) [2011] FCA 697 and Deputy Commissioner of Taxation v Gashi [2012] VSC 401, [16]. Vasilaras v Laprese was cited approvingly in Plus Recruitment Pty Ltd v Phillips (No 2) [2019] VSC 611 (Lyons J).
[8] [2019] VSCA 164 (McLeish and Niall JJA) (Rozenblit).
[9] Rozenblit, [19] (citations omitted).
[10] [2008] VSC 300, [22]-[30] (citations omitted).
[11] Samimi v Seyedabadi; Seyedabadi v Samimi [2013] NSWCA 279, [68]-[69] (Samimi) (citations omitted).
[13] NAB v Human Group, [109]-[112] (citations omitted).
[14] NAB v Human Group, [154] (cited in Westpac Banking Corporation v Forum Finance Pty Limited (Freezing Order Variation No 2) [2022] FCA 1206, [12]) (Westpac v Forum Finance).
[15] [2016] VSCA 39 (Beach and McLeish JJA) (Distinctive FX).
[16] [2006] NSWCA 277 (Petar).
[17] [2011] NTCA 2; (2011) 29 NTLR 90 (Palmer v MacDonnell Shire).
[18] Petar, [85]; Palmer v MacDonnell Shire, [36].
[19] Petar, [60]; Palmer v MacDonnell Shire, [38].
[21] Veall v Veall [2015] VSCA 60; (2015) 46 VR 123, 168.
[22] Neither relationship is an eligible category under which to bring a claim for further provision pursuant to Part IV of the Administration and Probate Act 1958 (Vic).
[23] Relying on Drivas v Jakopovic [2019] NSWCA 218; cited in Makripoulias v Arhontovasilis [2022] VSC 53, [31].
[24] The carve-out for legal expenses includes a cap of $397,000; however, only $260,576.38 has been released from funds held in trust. The difference between these two sums was intended to permit the defendants to pay legal costs with funds sourced from their income or from friends and family.
[25] Westpac v Forum Finance, [33].
[26] Wesley estimates this at 18 months to two years; the defendants estimate it at two to three years.
Pickett & Anor
Amin & Anor [2025] VSC 400
PRACTICE AND PROCEDURE - Freezing order - Application to discharge freezing order based on material change in circumstances - Where the plaintiff no longer has standing to pursue the proceeding - Where the undertaking as to damages is not continuing - Where the proceeding is to be temporarily stayed pending the outcome of another yet to be commenced proceeding - Brimaud v Honeyset Instant Print Ltd (1988) 217 ALR 44 - National Australia Bank Ltd v Human Group Pty Ltd (No 2) [2020] NSWSC 1900 - Rozenblit v Vainer [2019] VSCA 164 - Distinctive FX Pty Ltd v Van Der Slot [2016] VSCA 39.
(1988) 217 ALR 44
(1989) 168 CLR 23
(2011) 29 NTLR 90
(2015) 46 VR 123