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 JUDGMENTCURRAN J:
These reasons for judgment were delivered orally and have been corrected from the transcript.
INTRODUCTION
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”).
The matter was listed for final hearing before me for four days commencing on 28 August 2023. On the final day of this…
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- AGLC
- Arena & Arena (No 2) [2023] FedCFamC1F 1011
- Case
- [2023] FedCFamC1F 1011
- Decision Date
CaseChat Overview and Summary
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
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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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