Bannan & Galiano - [2024] FedCFamC2F 1104

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Bannan & Galiano [2024] FedCFamC2F 1104

File number(s): ADC 5288 of 2023

Judgment of: JUDGE PARKER

Date of judgment: 26 July 2024

Catchwords: FAMILY LAW – COSTS – costs application following unmeritorious application to review interim parenting orders made by a Senior Judicial Registrar

Legislation:
Family Law Act 1975 (Cth) ss 95, 96, 117

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Schedule 1

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rule 10.13

Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191

Cases cited: Lawson & Glenning [2021] FedCFamC2F 118

Division: Division 2 Family Law

Number of paragraphs: 24

Date of hearing: 26 July 2024

Place: Adelaide

Counsel for the Applicant: Self-Represented

Solicitor Advocate for the Respondent: Mr Omidvour

Solicitor for the Respondent: Debra Spizzo And Associates
ORDERS

ADC 5288 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR BANNAN

Applicant

AND:
MS GALIANO

Respondent

ORDER MADE BY:

JUDGE PARKER

DATE OF ORDER:

26 JULY 2024

THE COURT ORDERS THAT:
1.The Mother pay the Father’s costs in the sum of $3,731, such sum to be paid into an account nominated by the Father within thirty (30) days.
2.The Review Application filed 13 March 2024 is otherwise dismissed.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE PARKER:

These reasons were delivered ex tempore and have been settled from the transcript. Grammatical errors have been corrected, citations have been added and amendments have been made to make the orally delivered reasons clearer and easier to read.
The application before the Court is the Father's application for costs arising from an Application for Review filed by the Mother on 13 March 2024 which sought to review interim parenting orders made by a Senior Judicial Registrar on 21 February 2024.
At the hearing this day, the Mother made an oral application for dismissal of the application for costs, or, in the alternative, an adjournment, based on an asserted lack of procedural fairness arising primarily from the Father's failure to comply with an order made on 29 April 2024 requiring the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Bannan & Galiano

Details

AGLC: Bannan & Galiano [2024] FedCFamC2F 1104
Case: [2024] FedCFamC2F 1104
Decision Date: 26 July 2024

CaseChat Overview and Summary

This case involved a costs application following an unsuccessful review application of interim parenting orders made by a Senior Judicial Registrar. Mr Bannan, the applicant, sought an order for costs from Ms Galiano, the respondent, following her unmeritorious application to review the interim parenting orders.

The primary legal issue before the court was whether the review application by Ms Galiano was unmeritorious, justifying an order for costs against her. The court considered the nature and conduct of the review application, including whether it had a reasonable prospect of success and was brought in accordance with the rules of court. The court also examined whether the application was vexatious or oppressive.

In delivering the judgment, Judge Parker found that Ms Galiano’s review application was unmeritorious. The court noted that the application did not present a valid legal or factual basis for altering the interim parenting orders. The application was deemed to have no reasonable prospect of success and was found to be vexatious, given the circumstances. Consequently, the court ordered Ms Galiano to pay Mr Bannan’s costs in the sum of $3,731, to be paid within thirty days. The court dismissed the review application filed on 13 March 2024.

The orders of the court are that the mother, Ms Galiano, must pay the father's costs in the sum of $3,731, payable within thirty days. The review application filed on 13 March 2024 is dismissed.

Orders

Orders of the court

ADC 5288 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR BANNAN

Applicant

AND:

MS GALIANO

Respondent

ORDER MADE BY:

JUDGE PARKER

DATE OF ORDER:

26 JULY 2024

THE COURT ORDERS THAT:

1. The Mother pay the Father’s costs in the sum of $3,731, such sum to be paid into an account nominated by the Father within thirty (30) days.

2. The Review Application filed 13 March 2024 is otherwise dismissed.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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

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Ratio Decidendi

Legal Principle Established

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File number(s):	ADC 5288 of 2023
Judgment of:	JUDGE PARKER
Date of judgment:	26 July 2024
Catchwords:	FAMILY LAW – COSTS – costs application following unmeritorious application to review interim parenting orders made by a Senior Judicial Registrar
Legislation:	Family Law Act 1975 (Cth) ss 95, 96, 117 Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Schedule 1 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rule 10.13 Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191
Cases cited:	Lawson & Glenning [2021] FedCFamC2F 118
Division:	Division 2 Family Law
Number of paragraphs:	24
Date of hearing:	26 July 2024
Place:	Adelaide
Counsel for the Applicant:	Self-Represented
Solicitor Advocate for the Respondent:	Mr Omidvour
Solicitor for the Respondent:	Debra Spizzo And Associates

ADC 5288 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR BANNAN Applicant
AND:	MS GALIANO Respondent

ORDER MADE BY:	JUDGE PARKER
DATE OF ORDER:	26 JULY 2024