Bellanger & Wemble (No 6) - [2025] FedCFamC2F 1065

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Bellanger & Wemble (No 6) [2025] FedCFamC2F 1065

File number(s): MLC 5456 of 2023

Judgment of: JUDGE O'SHANNESSY

Date of judgment: 7 July 2025

Catchwords: FAMILY LAW – Where a witness was called to provide “messenger” communication to the court – where the witness declined to provide the communication – where the court made a ruling for the communication to be provided.

Legislation: Evidence Act 1995 (Cth) ss 12, 26 & 36

Cases cited:
Hall & Hall and Anor (objection to subpoena) [2014] FamCA 407

Papadopoulos & Papdopoulos (No 2) [2007] FamCA 1683

Division: Division 2 Family Law

Number of paragraphs: 23

Date of hearing: 28 April 2025 – 1 May 2025, 23 May 2025, 2 – 4 July 2025 & 7-9 July 2025

Place: Melbourne

Solicitor for the Applicant: Mr Monoah of Sunshine Lawyers

Solicitor for the First Respondent: No appearance

Solicitor for the Second Respondent: In person

Counsel for the Independent Children's Lawyer: Mr Combes

Solicitor for the Independent Children's Lawyer: Lampe Family Lawyers
ORDERS

MLC 5456 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS BELLANGER

Applicant

AND:
MR WEMBLE

First Respondent

MS PAIGE

Second Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

7 JULY 2025

THE COURT ORDERS THAT:
1.Ms P Wemble is to provide the “Messenger” communications between herself and the Father, Mr Wemble, to the lawyers for the Mother, the Independent Children’s Lawyer and to the Grandmother.

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 O’SHANNESSY

These are the settled reasons of a judgment delivered ex tempore. These reasons were delivered orally. These settled reasons have been corrected from the transcript where appropriate to correct grammatical errors, to add citations, passages of authorities and evidence, and to attempt to make the orally delivered reasons easier to read. The substance is unchanged.
Background
In this case, I have determined that I will support the call for the production of the “Messenger” communications between the witness, Ms P Wemble (‘Ms P Wemble’), and the first respondent, Mr Wemble (‘the Father’), notwithstanding that the first respondent has not appeared in the proceedings. My…

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 Bellanger & Wemble (No 6)

Details

AGLC: Bellanger & Wemble (No 6) [2025] FedCFamC2F 1065
Case: [2025] FedCFamC2F 1065
Decision Date: 7 July 2025

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, Ms Bellanger, the applicant, sought an order compelling Ms P Wemble to provide communications between herself and Mr Wemble, the first respondent, to the lawyers for the mother, the Independent Children’s Lawyer, and to the grandmother. The dispute arose from a family law matter concerning the welfare of children, with the central issue being the exchange of messages between the respondents that the applicant believed contained relevant information.

The primary legal issue the court had to decide was whether Ms P Wemble was required to produce the "Messenger" communications as requested by the applicant. The court needed to determine whether there were any legal grounds under the Family Law Act 1975 (Cth) or otherwise that could prevent or limit the disclosure of these communications. The applicant argued that the communications were necessary to understand the context of the parenting arrangements and the welfare of the children involved.

The court found that there were no legal impediments to compelling the disclosure of the communications. It held that the privacy concerns raised by the respondents did not outweigh the necessity of the information for the court to make informed decisions about the welfare of the children. Judge O'Shannessy concluded that the communication's relevance to the parenting arrangements and the children's welfare justified the order for disclosure. The court was satisfied that the benefits of obtaining the communications outweighed any potential harm to the respondents.

Accordingly, the court ordered that Ms P Wemble provide the communications to the specified parties. The form of the order is subject to entry in the Court’s records, and any minor typographical or grammatical errors may be reviewed or corrected. This decision ensures that the court has access to all relevant information necessary for making informed decisions in family law matters.

Orders

Orders of the court

MLC 5456 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BELLANGER

Applicant

AND:

MR WEMBLE

First Respondent

MS PAIGE

Second Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

7 JULY 2025

THE COURT ORDERS THAT:

1. Ms P Wemble is to provide the “Messenger” communications between herself and the Father, Mr Wemble, to the lawyers for the Mother, the Independent Children’s Lawyer and to the Grandmother.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	MLC 5456 of 2023
Judgment of:	JUDGE O'SHANNESSY
Date of judgment:	7 July 2025
Catchwords:	FAMILY LAW – Where a witness was called to provide “messenger” communication to the court – where the witness declined to provide the communication – where the court made a ruling for the communication to be provided.
Legislation:	Evidence Act 1995 (Cth) ss 12, 26 & 36
Cases cited:	Hall & Hall and Anor (objection to subpoena) [2014] FamCA 407 Papadopoulos & Papdopoulos (No 2) [2007] FamCA 1683
Division:	Division 2 Family Law
Number of paragraphs:	23
Date of hearing:	28 April 2025 – 1 May 2025, 23 May 2025, 2 – 4 July 2025 & 7-9 July 2025
Place:	Melbourne
Solicitor for the Applicant:	Mr Monoah of Sunshine Lawyers
Solicitor for the First Respondent:	No appearance
Solicitor for the Second Respondent:	In person
Counsel for the Independent Children's Lawyer:	Mr Combes
Solicitor for the Independent Children's Lawyer:	Lampe Family Lawyers

MLC 5456 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS BELLANGER Applicant
AND:	MR WEMBLE First Respondent MS PAIGE Second Respondent
INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	7 JULY 2025