FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Caceres & Barrett (No 2) [2025] FedCFamC2F 130
File number(s): CSC 1004 of 2022 Judgment of: JUDGE COPE Date of judgment: 6 February 2025 Catchwords: FAMILY LAW – Parenting – Final Order made on 31 May 2021 – father’s application pursuant to s 65DAAA to re-open parenting matters – decision made under the rule Rice v Asplund in 2023 on same evidence – opposed by the mother – father required to undertake hair follicle drug testing - no evidence that the medicinal cannabis does or does not impact his capacity to parent – no independent expert evidence to differentiate between prescribed cannabis and illicit drug use – father’s Application dismissed
FAMILY LAW – Harmful Proceedings Order – the mother seeks that father be restrained from filing further proceedings without the leave of the court – second attempt to re-open child matters - the father has also filed Contravention proceedings and multiple Applications in a proceedings since the final order was made, the father has also filed proceedings in the State jurisdiction and a Human Rights claim alleging discrimination by the mother and the court –mother gives evidence of mental distress and financial harm - application granted
Legislation: Commonwealth of Australia Constitution Act (The Constitution) 1977 (Cth)
Disability Discrimination Act 1992 (Cth) ss 3, 47
Fair Work Act 2009 (Cth)
Family Law Act 1975 (Cth) ss 60CC, 65DAAA, 102QAC
Narcotic Drugs Amendment Act 2016 (Cth) s 2A
Cases cited: Carlyon & Graham [2024] FedCFamC1F 443
Caston & Caston [2020] FCCA 2162
In the Marriage of McEnearney [1980] FamCA 43
In the Marriage of Rice v Asplund (1979) FLC 90-725
Searson & Searson [2017] FamCAFC 119
Division: Division 2 Family Law Number of paragraphs: 117 Date of last submission/s: 31 January 2025 Date of hearing: 31 January 2025 Place: Cairns Solicitor for the Applicant: Self-Represented Counsel for the Respondent: Mrs R Bassano Solicitor for the Respondent: MK Family Law ORDERS
CSC 1004 of 2002 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR CACERES
Applicant
AND: MS BARRETT
Respondent
ORDER MADE BY:
JUDGE COPE
DATE OF ORDER:
6 FEBRUARY 2025
THE COURT ORDERS THAT:
1.The Initiating Application filed on 26 August 2024 be dismissed.
2.Pursuant to s 102QAC, the Applicant father is prohibited from instituting proceedings under the Family Law Act 1975 (Cth) (“the Act”) against the Respondent mother without the leave of the Court.
3.That all outstanding applications be dismissed and removed from the pending cases list.
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).
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- Caceres & Barrett (No 2) [2025] FedCFamC2F 130
- Case
- [2025] FedCFamC2F 130
- Decision Date
CaseChat Overview and Summary
The court needed to determine whether the father's application to reopen parenting matters should proceed and whether the father should be restrained from filing further proceedings without leave. The court considered the father's requirement to undergo hair follicle drug testing and the lack of evidence about how medicinal cannabis impacts his capacity to parent. Additionally, the court examined the father's conduct, including multiple filings in state and federal courts and a human rights claim. Ms Barrett testified to her mental distress and financial harm due to the father's proceedings.
The court dismissed the father's application to reopen parenting matters, as the decision under Rice v Asplund was made on the same evidence. The court found the father's conduct warranted a Harmful Proceedings Order to protect Ms Barrett from further proceedings without leave. The court prohibited the father from instituting proceedings under the Family Law Act without leave and dismissed all outstanding applications.
Orders
Orders of the court
CSC 1004 of 2002
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR CACERES
Applicant
AND:
MS BARRETT
Respondent
ORDER MADE BY:
JUDGE COPE
DATE OF ORDER:
6 FEBRUARY 2025
THE COURT ORDERS THAT:
1. The Initiating Application filed on 26 August 2024 be dismissed.
2. Pursuant to s 102QAC, the Applicant father is prohibited from instituting proceedings under the Family Law Act 1975 (Cth) (“the Act”) against the Respondent mother without the leave of the Court.
3. That all outstanding applications be dismissed and removed from the pending cases list.
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
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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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