FAMILY COURT OF AUSTRALIA
| ACRES & CANNON (NO 3) | [2016] FamCA 795 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant father is subject to a s 102QB vexatious proceedings order – Where an application is made for leave to file an Initiating Application for parenting matters – Where the requirements of s 102QE have been met – Where the proceedings sought to be instituted are “vexatious proceedings” – Application for leave dismissed. |
| Family Law Act 1975 (Cth), ss 102Q, 102QB, 102QE, 102QF Federal Court of Australia Act 1976 (Cth), ss 37AO, 37AR Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth) |
| Fuller v Toms (2015) 234 FCR 535 Gallo v Attorney-General (unreported, Supreme Court of Victoria, Starke J, 4 September 1984) Garrett v Commissioner of Taxation (2015) 147 ALR 342 Mathews v Queensland [2015] FCA 1488 Mulhern v Bank of Queensland Ltd (No 3) [2015] FCA 927 Jones v Skyring (1992) 109 ALR 303 Langmeil & Grange [2013] FamCAFC 31 Re Garrett [2016] FCA 703 |
| APPLICANT: | Mr Acres |
| RESPONDENT: | In the absence of the Respondent |
| INDEPENDENT CHILDREN’S LAWYER: | Independent Children’s Lawyer |
| FILE NUMBER: | HBC | 155 | of | 2009 |
| DATE DELIVERED: | 20 September 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Hobart |
| JUDGMENT OF: | Rees J |
| HEARING DATE: | 30 August 2016 |
REPRESENTATION
| THE APPLICANT: | In Person |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr FitzGerald |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | FitzGerald and Browne |
ORDERS
IT IS ORDERED
That the Application in a Case filed 18 November 2015 seeking leave to file an Initiating Application be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Acres & Cannon (No 3) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT HOBART |
FILE NUMBER: HBC 155 of 2009
| Mr Acres |
Applicant
And
| In the Absence of the Respondent |
Respondent
REASONS FOR JUDGMENT
Mr Acres (“the father”) is the father of the child S. The child was born in 2001 and will be 15 years old in December.
On 6 March 2014, the Family Court of Australia made orders pursuant to s 102QB of the Family Law Act 1975 (Cth) (“the Act”), prohibiting the father from instituting further proceedings under the Act in relation to the child without first having been granted leave to commence those proceedings pursuant to s 102QD of the Act (“the vexatious proceedings order”).
By an Application in a Case filed 18 November 2015, the father now seeks leave to file an Initiating Application seeking final parenting orders to the following effect:
1.That the applicant father…
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- Acres and Cannon (No 3) [2016] FamCA 795
- Case
- [2016] FamCA 795
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CaseChat Overview and Summary
The sole legal issue before the Court was whether to grant leave for the filing of an Initiating Application. This required the Court to consider the merits of the proposed application and whether it met the necessary threshold for proceeding.
Rees J dismissed the application for leave to file an Initiating Application. The reasons for this dismissal are not elaborated upon in the provided text, but the outcome signifies that the applicant did not satisfy the requirements for commencing proceedings at this stage.
Orders
Orders of the court
IT IS ORDERED
1.
That the Application in a Case filed 18 November 2015 seeking leave to file an Initiating Application be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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