FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Arturo & Indiana [2024] FedCFamC1F 105
File number: MLC 14976 of 2023 Judgment of: STRUM J Date of judgment: 22 February 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – INITIATING APPLICATION SUMMARILY DISMISSED – Where final parenting orders were made by consent in August 2023 – Where a fresh Initiating Application was filed in December 2023 – Where the parties did not attend family dispute resolution prior to the father filing a fresh Initiating Application, as required by the 2023 orders – Where the family dispute resolution practitioner provided a s 60I certificate stating it the matter was not appropriate for dispute resolution – Where the family dispute resolution practitioner did not speak to the mother before determining the matter’s suitability for dispute resolution – Where no genuine effort has been made to resolve the matter through family dispute resolution – Where there is no significant change in circumstances – Application dismissed summarily. Legislation: Family Law Act 1975 (Cth) Pt VII, ss 4, 10F, 60I, 64B, 69C
Family Law (Family Dispute Resolution Practitioners) Regulations 2008 (Cth) reg 25
Cases cited: Barr & Barr (No 3) [2023] FedCFamC1F 873 Division: Division 1 First Instance Number of paragraphs: 27 Date of hearing: 22 February 2024 Place: Melbourne The Applicants: Litigant in person The Respondent: Litigant in person ORDERS
MLC 14976 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR ARTURO
First Applicant
MS ARTURO
Second Applicant
AND: MS INDIANA
Respondent
ORDER MADE BY:
STRUM J
DATE OF ORDER:
22 FEBRUARY 2024
THE COURT ORDERS THAT:
1.The Applicants’ Initiating Application filed 19 December 2023, as amended on 19 February 2024, and Application in a Proceeding filed 19 December 2023 be dismissed.
2.In the event that any further application is sought to be filed, including for alleged contravention:
(a)Order 26 of the Orders made on 14 August 2023 and Notation B thereto;
(b)These Orders; and
(c)The Reasons for Judgment delivered this day–
be brought to the attention of the Registry before any such application is accepted for filing.
3.A copy of these Orders and the Reasons for Judgment delivered this day be provided to:
(a)The Director of C Mediation Service; and
(b)The Family Dispute Resolution Practitioner Unit of the Attorney-General’s Department.
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…
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CaseChat Overview and Summary
The court found that the father did not comply with the requirement to attend family dispute resolution before filing the fresh Initiating Application. The family dispute resolution practitioner did not speak to the mother before determining the matter’s suitability for dispute resolution, which was a procedural error. However, the court found that there was no genuine effort by the father to resolve the matter through family dispute resolution. The father did not demonstrate a significant change in circumstances. The court held that the fresh Initiating Application should be dismissed summarily. The court dismissed the father’s fresh Initiating Application and ordered that any further application be brought to the attention of the Registry before being accepted for filing. The court also ordered that a copy of the orders and reasons for judgment be provided to the Director of C Mediation Service and the Family Dispute Resolution Practitioner Unit of the Attorney-General’s Department.
Orders
Orders of the court
MLC 14976 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR ARTURO
First Applicant
MS ARTURO
Second Applicant
AND:
MS INDIANA
Respondent
ORDER MADE BY:
STRUM J
DATE OF ORDER:
22 FEBRUARY 2024
THE COURT ORDERS THAT:
1. The Applicants’ Initiating Application filed 19 December 2023, as amended on 19 February 2024, and Application in a Proceeding filed 19 December 2023 be dismissed.
2. In the event that any further application is sought to be filed, including for alleged contravention:
(a) Order 26 of the Orders made on 14 August 2023 and Notation B thereto;
(b) These Orders; and
(c) The Reasons for Judgment delivered this day–
be brought to the attention of the Registry before any such application is accepted for filing.
3. A copy of these Orders and the Reasons for Judgment delivered this day be provided to:
(a) The Director of C Mediation Service; and
(b) The Family Dispute Resolution Practitioner Unit of the Attorney-General’s Department.
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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