FAMILY COURT OF AUSTRALIA
| BAHAR & SOHRAB (NO. 6) | [2017] FamCA 792 |
FAMILY LAW – PRACTICE AND PROCEDURE
| Bretton & Bondai [2013] FamCAFC 168 Barker & Barker [2007] FamCA 13 Lindon v Commonwealth of Australia (No 2) (1996) 136 ALR 251 Gitane v Velacruz (2008) FLC ¶93-371 Gilpin v Gilpin (1969) 17 FLR 131 Williamson v Williamson (1974) 24 FLR 226 |
| Family Law Act 1975 (Cth) ss 79A, 106A Family Law Rules 2004 (Cth) r 10.12 |
| APPLICANT: | Ms Bahar |
| RESPONDENT: | Mr Sohrab |
| FILE NUMBER: | CAC | 1429 | of | 2014 |
| DATE DELIVERED: | 5 October 2017 |
| PLACE DELIVERED: | Canberra |
| PLACE HEARD: | Canberra |
| JUDGMENT OF: | Gill J |
| HEARING DATE: | 2 June 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Farrar |
| SOLICITOR FOR THE APPLICANT: | Farrar Gessini Dunn |
| SOLICITOR FOR THE RESPONDENT: | No appearance |
Orders
Noting that the Respondent’s applications of 22 November 2016 and 25 November 2016 (a reference to a minute of orders sought filed 28 November 2016), 6 March 2017, 12 April 2017, 26 April 2017 (filed on 27 April 2017) and 16 May 2017 (filed as a response to an amended application in a case filed 18 May 2017) have been consolidated by the Respondent into his minute of orders sought filed 30 May 2017 constituting 1-23 orders sought:
(a)Orders sought numbered 1, 3, 4, 5, 6, 7, 12, 14, 15(b), 15(c), 18, 19, 20, 21 and 22 are dismissed;
(b)Orders sought numbered 2 and 23 are dismissed insofar as they relate to orders sought numbered 1, 3, 4, 5, 6, 7, 12, 14, 15(b), 15(c), 18, 19, 20, 21 and 22 (being costs orders in relation to each of the applications); and
(c)Orders sought numbered 8, 9, 10, 11, 13, 15(a), 16 and 17 and orders sought numbered 2 and 23, insofar as they relate to orders sought numbered 8, 9, 10, 11, 13, 15(a), 16 and 17 are adjourned to the Registrar’s list to a date to be fixed, pending an application for the appointment of a case guardian or an application to establish that the Respondent is no longer a person under a disability.
The husband’s applications dated 6 March 2017, 12 April 2017, 27 April 2017 are dismissed.
The wife’s application in a case filed 18 April 2017 is 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 Bahar & Sohrab (No. 6) 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 CANBERRA |
FILE NUMBER: CAC 1429/2014
| Ms Bahar |
Applicant
And
| Mr Sohrab |
Respondent
REASONS FOR JUDGMENT
This matter concerns a series…
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- AGLC
- Bahar and Sohrab (No. 6) [2017] FamCA 792
- Case
- [2017] FamCA 792
- Decision Date
CaseChat Overview and Summary
The court was required to determine which of the Respondent's consolidated orders sought should be granted, dismissed, or adjourned. Specifically, the court had to decide on the fate of numerous proposed orders, including those relating to costs, and whether certain applications should be dismissed outright or adjourned pending further proceedings concerning the Respondent's capacity.
Gill J dismissed a significant number of the Respondent's sought orders, including those numbered 1, 3, 4, 5, 6, 7, 12, 14, 15(b), 15(c), 18, 19, 20, 21, and 22. Costs orders sought in relation to these dismissed applications were also dismissed. Orders numbered 8, 9, 10, 11, 13, 15(a), 16, and 17, along with related costs orders, were adjourned to the Registrar's list, pending an application for the appointment of a case guardian or proof that the Respondent is no longer under a disability. The husband's applications of 6 March 2017, 12 April 2017, and 27 April 2017 were dismissed, as was the wife's application filed on 18 April 2017.
Orders
Orders of the court
1.
Noting that the Respondent’s applications of 22 November 2016 and 25 November 2016 (a reference to a minute of orders sought filed 28 November 2016), 6 March 2017, 12 April 2017, 26 April 2017 (filed on 27 April 2017) and 16 May 2017 (filed as a response to an amended application in a case filed 18 May 2017) have been consolidated by the Respondent into his minute of orders sought filed 30 May 2017 constituting 1-23 orders sought:
(a) Orders sought numbered 1, 3, 4, 5, 6, 7, 12, 14, 15(b), 15(c), 18, 19, 20, 21 and 22 are dismissed;
(b) Orders sought numbered 2 and 23 are dismissed insofar as they relate to orders sought numbered 1, 3, 4, 5, 6, 7, 12, 14, 15(b), 15(c), 18, 19, 20, 21 and 22 (being costs orders in relation to each of the applications); and
(c) Orders sought numbered 8, 9, 10, 11, 13, 15(a), 16 and 17 and orders sought numbered 2 and 23, insofar as they relate to orders sought numbered 8, 9, 10, 11, 13, 15(a), 16 and 17 are adjourned to the Registrar’s list to a date to be fixed, pending an application for the appointment of a case guardian or an application to establish that the Respondent is no longer a person under a disability.
2.
The husband’s applications dated 6 March 2017, 12 April 2017, 27 April 2017 are dismissed.
3.
The wife’s application in a case filed 18 April 2017 is 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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