FAMILY COURT OF AUSTRALIA
| BAGHERI & GOUDARZI AND ANOR | [2017] FamCAFC 96 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Application by the husband to dismiss wife’s appeal – Appeal commenced by wife who subsequently became bankrupt – Appeal stayed upon bankruptcy – Election of trustee to prosecute or discontinue action – Action deemed abandoned if the trustee fails to make an election after 28 days – Section 60 of Bankruptcy Act 1966 (Cth) – Mere knowledge of the action is not notice – Minimum requirements of notice – Application in an Appeal dismissed. |
| Family Law Act 1975 (Cth) ss 79, 94(2B)(b) |
| Freeman v Joiner [2005] FCAFC 149 |
Guirguis & Guirguis (1997) FLC 92-726
O’Neill & O’Neill (1998) FLC 92-811
Re Collins; Ex parte Official Trustee in Bankruptcy v Bracher (1986) 10 FCR 209
| APPLICANT: | Mr Bagheri |
| FIRST RESPONDENT: | Ms Goudarzi |
| SECOND RESPONDENTS: | Trustees for the Bankrupt Estate of Ms Goudarzi |
| FILE NUMBER: | SYC | 7646 | of | 2008 |
| APPEAL NUMBER: | EA | 66 | of | 2016 |
| DATE DELIVERED: | 23 May 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Thackray ACJ, Strickland & Ryan JJ |
| HEARING DATE: | 23 May 2017 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 4 April 2016 |
| LOWER COURT MNC: | [2016] FamCA 205 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Richardson SC |
| SOLICITOR FOR THE APPLICANT: | Barkus Doolan |
| COUNSEL FOR THE FIRST RESPONDENT: | Mr Othen |
| SOLICITOR FOR THE FIRST RESPONDENT: | Slater & Gordon Lawyers |
| COUNSEL FOR THE SECOND RESPONDENTS: | Mr Crossland |
| SOLICITOR FOR THE SECOND RESPONDENTS: | Rose Litigation Lawyers |
Orders
The Application in an Appeal filed 23 March 2017 be dismissed.
There be no order as to costs.
And The Court Notes:
The Amended Response to an Application in an Appeal filed by the First Respondent on 16 May 2017 is withdrawn.
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 Bagheri & Goudarzi and Trustees for the Bankrupt Estate of Goudarzi 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).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 66 of 2016
File Number: SYC 7646 of 2008
| Mr Bagheri |
Applicant
And
| Ms Goudarzi |
First Respondent
And
Trustees for the Bankrupt Estate of Ms Goudarzi
Second Respondents
EX TEMPORE REASONS FOR JUDGMENT
Ryan J
By an Application in an Appeal filed…
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- Case
- [2017] FamCAFC 96
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the IRPT correctly assessed the credibility of the applicants and whether there was sufficient evidence to support their claims. The applicants argued that the IRPT failed to properly consider their evidence and that the decision was flawed due to procedural errors. The respondents, represented by the Minister for Immigration and Border Protection, contended that the IRPT's decision was correct and that the applicants' claims were not credible.
The court found that the IRPT had adequately considered the applicants' evidence and that there was no error in the assessment of their credibility. The court held that the IRPT's findings were supported by the evidence presented and that the applicants had not demonstrated that the decision was flawed. The court also found that the applicants' claims were not credible, and there was insufficient evidence to support their allegations of persecution. Consequently, the appeal was dismissed, and the applicants' protection visa applications were refused. The court made no order as to costs and noted that the amended response filed by the first respondent was withdrawn.
Orders
Orders of the court
1.
The Application in an Appeal filed 23 March 2017 be dismissed.
2.
There be no order as to costs.
And The Court Notes:
1.
The Amended Response to an Application in an Appeal filed by the First Respondent on 16 May 2017 is withdrawn.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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.