Cannon & Moore (No 4) - [2025] FedCFamC2F 779

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Cannon & Moore (No 4) [2025] FedCFamC2F 779

File number(s): MLC 3357 of 2024

Judgment of: JUDGE A. HUMPHREYS

Date of judgment: 11 June 2025

Catchwords: FAMILY LAW – COSTS – father wholly unsuccessful in his application for further interim parenting orders, made after the matter was listed for a compliance and readiness hearing – father wholly unsuccessful in his application to discharge the appointment of the single expert family report writer and for an updated report to be prepared by an alternate expert – applications for costs made and written submissions filed prior to the commencement of Part XIVC of the Act relating to costs, introduced by the Family Law Amendment Act 2024 (Cth), but determination not made until after the commencement of those changes – parties invited to make submissions in respect of legislative change – mother and independent children’s lawyer submit Part XIVC applies to determination of the costs applications but with no substantive impact on the determination – the father submits the provisions of the former section 117 continue to apply – Part XIVC applied but with no impact on determination – order for father to pay mother’s costs at scale – no order made in respect of the costs of the independent children’s lawyer, which were not quantified or the subject of submissions

Legislation:
Family Law Act 1975 (Cth) ss 114UB, 114UC, 117

Family Law Amendment Act 2024 (Cth) section 2, section 15 of Schedule 4,

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) r 2.02, Schedule 1

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 5.08, 10.03, 12.13, 12.17

Cases cited:
De Roma & De Roma (2013) 49 Fam LR 226; [2013] FamCA 566

Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 Fam LR 123

Gahen & Gahen (No 2) [2013] FamCA 936

Haward & Haward (2023) FLC 94-147; [2023] FedCFamC1A 99

Hawkins & Roe (2012) 47 Fam LR 526; [2012] FamCAFC 77

Marvel & Marvel (2010) 240 FLR 367; [2010] FamCAFC 101

Medlon & Medlon (No. 6) (Indemnity Costs) FLC 93–664; [2015] FamCAFC 157

Nardini & Legal Aid NSW [2019] FamCA 340

Pascoe & Larsen (No 2) [2022] FedCFamC1A 126

Penfold v Penfold (1980) 114 CLR 311

Wrenstead & Eades (2016) FLC 93–697; [2016] FamCAFC 46

Division: Division 2 Family Law

Number of paragraphs: 75

Date of last submission/s: 17 June 2025

Date of hearing: In chambers, on the papers; supplementary hearing 17 June 2025

Place: Melbourne

Representative for the applicant: Mr Cannon (self-represented)

Solicitor for the respondent: Ms Collier, Johnston Family Lawyers

Independent children’s lawyer: Ms Clark, Clark Family Lawyers
ORDERS

MLC 3357 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR CANNON

Applicant

AND:
MS MOORE

Respondent

ORDER MADE BY:

JUDGE A. HUMPHREYS

DATE OF ORDER:

11 JUNE 2025

THE COURT ORDERS THAT:
1.The applicant (“father”) pay to 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 Cannon & Moore (No 4)

Details

AGLC: Cannon & Moore (No 4) [2025] FedCFamC2F 779
Case: [2025] FedCFamC2F 779
Decision Date: 11 June 2025

CaseChat Overview and Summary

The case of Cannon & Moore (No 4) involved a dispute between Mr Cannon and Ms Moore in the Federal Circuit and Family Court of Australia. The primary issue was Mr Cannon's unsuccessful application for further interim parenting orders, as well as his request to discharge the appointment of the single expert family report writer and to prepare an updated report by an alternate expert. The case also included a discussion about costs, particularly in light of the Family Law Amendment Act 2024 (Cth), which introduced Part XIVC relating to costs. The court had to determine whether the new provisions of Part XIVC applied to the costs applications, given that the applications and submissions were made before the commencement of these changes.

The court addressed the legal issue of whether Part XIVC or the former section 117 of the Family Law Act 1975 (Cth) should apply to the costs applications. Both the mother and the independent children's lawyer argued that Part XIVC applied to the determination of the costs applications, though it would not substantively impact the decision. Conversely, Mr Cannon contended that the former section 117 should still apply. The court decided that Part XIVC applied to the case but did not affect the outcome of the costs determination. It was noted that the costs of the independent children's lawyer were not quantified or the subject of submissions, hence no order was made in respect of these costs.

The court ordered that Mr Cannon pay Ms Moore's costs, which included those related to his application and the mother's written submissions, amounting to $8,320.14. The oral application for costs made by the independent children's lawyer was dismissed, and the administrative hearing scheduled for 20 June 2025 was vacated. This decision reflects the court's application of Part XIVC to the costs applications while considering the procedural history and the arguments presented by the parties.

Orders

Orders of the court

MLC 3357 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR CANNON

Applicant

AND:

MS MOORE

Respondent

ORDER MADE BY:

JUDGE A. HUMPHREYS

DATE OF ORDER:

11 JUNE 2025

THE COURT ORDERS THAT:

1. The applicant (“father”) pay to the respondent (“mother”), within 30 days from the date of these orders, costs relating to his Application in a Proceeding filed on 7 March 2025 (as amended on 14 April 2025) (“father’s application”) and costs in respect of the mother’s written costs submissions, fixed in the amount of $8,320.14.

2. The oral application made by the independent children’s lawyer for costs relating to the father’s application be dismissed.

3. The administrative hearing on 20 June 2025 be vacated.

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

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File number(s):	MLC 3357 of 2024
Judgment of:	JUDGE A. HUMPHREYS
Date of judgment:	11 June 2025
Catchwords:	FAMILY LAW – COSTS – father wholly unsuccessful in his application for further interim parenting orders, made after the matter was listed for a compliance and readiness hearing – father wholly unsuccessful in his application to discharge the appointment of the single expert family report writer and for an updated report to be prepared by an alternate expert – applications for costs made and written submissions filed prior to the commencement of Part XIVC of the Act relating to costs, introduced by the Family Law Amendment Act 2024 (Cth), but determination not made until after the commencement of those changes – parties invited to make submissions in respect of legislative change – mother and independent children’s lawyer submit Part XIVC applies to determination of the costs applications but with no substantive impact on the determination – the father submits the provisions of the former section 117 continue to apply – Part XIVC applied but with no impact on determination – order for father to pay mother’s costs at scale – no order made in respect of the costs of the independent children’s lawyer, which were not quantified or the subject of submissions
Legislation:	Family Law Act 1975 (Cth) ss 114UB, 114UC, 117 Family Law Amendment Act 2024 (Cth) section 2, section 15 of Schedule 4, Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) r 2.02, Schedule 1 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 5.08, 10.03, 12.13, 12.17
Cases cited:	De Roma & De Roma (2013) 49 Fam LR 226; [2013] FamCA 566 Fitzgerald (as child representative for A (Legal Aid Commission of Tasmania)) v Fish (2005) 33 Fam LR 123 Gahen & Gahen (No 2) [2013] FamCA 936 Haward & Haward (2023) FLC 94-147; [2023] FedCFamC1A 99 Hawkins & Roe (2012) 47 Fam LR 526; [2012] FamCAFC 77 Marvel & Marvel (2010) 240 FLR 367; [2010] FamCAFC 101 Medlon & Medlon (No. 6) (Indemnity Costs) FLC 93–664; [2015] FamCAFC 157 Nardini & Legal Aid NSW [2019] FamCA 340 Pascoe & Larsen (No 2) [2022] FedCFamC1A 126 Penfold v Penfold (1980) 114 CLR 311 Wrenstead & Eades (2016) FLC 93–697; [2016] FamCAFC 46
Division:	Division 2 Family Law
Number of paragraphs:	75
Date of last submission/s:	17 June 2025
Date of hearing:	In chambers, on the papers; supplementary hearing 17 June 2025
Place:	Melbourne
Representative for the applicant:	Mr Cannon (self-represented)
Solicitor for the respondent:	Ms Collier, Johnston Family Lawyers
Independent children’s lawyer:	Ms Clark, Clark Family Lawyers

MLC 3357 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR CANNON Applicant
AND:	MS MOORE Respondent

ORDER MADE BY:	JUDGE A. HUMPHREYS
DATE OF ORDER:	11 JUNE 2025