Arena & Arena (No 2)

Case [2023] FedCFamC1F 1011


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Arena & Arena (No 2) [2023] FedCFamC1F 1011

File number(s): WOC 1226 of 2019
Judgment of: CURRAN J
Date of judgment: 21 November 2023
Catchwords: FAMILY LAW – PRACTICE & PROCEDURE – application in a proceeding – application to reopen evidence of final hearing – evidence from each party relating to events that occurred shortly after final hearing while judgment reserved – leave to reopen granted   
Legislation: Family Law Act 1975 (Cth) s 102NA
Cases cited:

Australian Securities and Investments Commission v Rich (2006) 235 ALR 587

Stephens & Stephens & Anor (Enforcement) [2009] FamCAFC 240

Sweep & Sweep [2018] FamCAFC 228

Division: Division 1 First Instance
Number of paragraphs: 23
Date of hearing: 21 November 2023
Place: Sydney
Counsel for the Applicant: Mr Lawrence
Solicitor for the Applicant: Maguire & Mcinerney Lawyers
Counsel for the Respondent: Mr Cataldi
Solicitor for the Respondent: John Stonham & Co
Solicitor Advocate for the Independent Children's Lawyer: Ms Dodson
Solicitor for the Independent Children's Lawyer: Legal Aid NSW

ORDERS

WOC 1226 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ARENA

Applicant

AND:

MR ARENA

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

CURRAN J

DATE OF ORDER:

21 NOVEMBER 2023

THE COURT ORDERS THAT:

1.The applicant mother be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Ms Arena filed 15 September 2023.

2.The respondent father be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Mr Arena filed 19 October 2023.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Arena & Arena has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE
REASONS FOR JUDGMENT

CURRAN J:

  1. These reasons for judgment were delivered orally and have been corrected from the transcript.

    INTRODUCTION

  2. These proceedings are competing applications for parenting orders in respect of the children X, born 2009 (currently 14 years old) and Y, born 2010 (13 years old) (“the children”). They are the children of the applicant mother, Ms Arena, born 1975 (“the mother”) and the respondent father, Mr Arena, born 1973 (“the father”).

  3. The matter was listed for final hearing before me for four days commencing on 28 August 2023. On the final day of this…

Continue reading Arena & Arena (No 2)

Sign in free to access the full text

Details
AGLC
Arena & Arena (No 2) [2023] FedCFamC1F 1011
Case
[2023] FedCFamC1F 1011
Decision Date

CaseChat Overview and Summary

The applicant, Ms Arena, applied to the Federal Circuit and Family Court of Australia to reopen evidence in a family law proceeding that had been reserved for judgment. The proceedings were between Ms Arena and Mr Arena, her former partner. The dispute related to their children and the division of property and parenting arrangements. The Independent Children’s Lawyer also featured in the case. The court was required to decide whether it was appropriate to reopen the evidence presented at the final hearing of the case, which had been reserved for judgment. The decision hinged on the importance of the new evidence presented by both parties regarding events that occurred shortly after the final hearing, and whether these events warranted a reopening of the evidence.

The court considered the relevance of the new evidence to the issues that were the subject of the hearing. The new evidence included affidavits from both parties which detailed events that had occurred after the final hearing. The court held that the new evidence was highly relevant to the matters that were the subject of the proceedings, and that it was in the interests of justice to allow the evidence to be presented. The court also noted that both parties had acted promptly in presenting their new evidence. As such, the court granted leave for both parties to reopen the evidence.

The outcome of the case was that both parties were granted leave to reopen the evidence presented at the final hearing. This allowed them to present their new evidence to the court, which was relevant to the matters that were the subject of the proceedings. The court’s decision was based on the importance of the new evidence and the need for the court to have all relevant information before it when making its final decision. The orders made by the court were that Ms Arena be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Ms Arena filed 15 September 2023, and that Mr Arena be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Mr Arena filed 19 October 2023.

Orders

Orders of the court

WOC 1226 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ARENA

Applicant

AND:

MR ARENA

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

CURRAN J

DATE OF ORDER:

21 NOVEMBER 2023

THE COURT ORDERS THAT:

1. The applicant mother be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Ms Arena filed 15 September 2023.

2. The respondent father be granted leave to reopen the proceedings for the purpose of relying on the affidavit of Mr Arena filed 19 October 2023.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.