Kim Stock

In a family law proceeding, the respondent husband brought an unopposed Form 14B motion seeking validation of service of his answer, which had been uploaded to an electronic document exchange website known as “SIX.” The issue was whether uploading a document to the website constituted regular service under rule 6(2)(c) of the Family Law Rules, which permits service by depositing a copy at a document exchange to which the person’s lawyer belongs.

The court considered the technical operation of the platform and interpreted the terms “depositing” and “document exchange” in the context of electronic communication.

The court held that the website functioned as a document exchange and that the opposing lawyer “belonged” to it by having access and notice through the platform.

Service was therefore valid under the rule.

The applicant and respondent separated after a 20-year marriage.

The court determined the validity of a marriage contract that excluded the respondent's interest in a family trust, finding it valid and enforceable.

The court also addressed the tracing of trust funds into the matrimonial home, finding the respondent entitled to exclude a portion of the home's value.

The court ordered a set-off of child support obligations due to a shared custody arrangement, and awarded the applicant a lump sum of $432,000 for spousal support.

The respondent's third-party claims against a family friend for invasion of privacy and interference with parental access were dismissed.