FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Cardos & Rafter [2024] FedCFamC1A 157
Appeal from: Cardos & Rafter [2024] FCWAM 77 Appeal number: NAA 147 of 2024 File number: PTW 6657 of 2022 Judgment of: CHRISTIE J Date of judgment: 12 September 2024 Catchwords: FAMILY LAW – APPEAL – LEAVE TO APPEAL – Interim spouse maintenance – Where appellant seeks leave to appeal from interim spouse maintenance orders – Where appellant failed to demonstrate substantial injustice –– Leave to appeal refused – Appeal dismissed – Appellant to pay the respondent’s costs in fixed sum. Legislation: Family Law Act 1975 (Cth) s 83
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r.13.1
Cases cited: Adcock & Sealy [2024] FedCFamC1A 137
Bant & Clayton (Costs) (2016) 56 Fam LR 31; [2016] FamCAFC 35
Bennett and Bennett (1991) FLC 92-191
CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67
D & D (Costs) (No 2) (2010) FLC 93-435; [2010] FamCAFC 64
Godard and Dorsett [2017] FamCAFC 220
Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd and Penrith Pastoral Co Pty Ltd [1983] 3 NSWLR 378
Keymer & Keymer [2020] FamCAFC 70
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Qin & Donato [2023] FedCFamC1A 223
Raymond & Raymond (2024) FLC 94-180; [2024] FedCFamC1A 45
Redman & Redman (1987) FLC 91-805; [1987] FamCA 2
Robinson & Higginbotham (1991) FLC 92-209; [1991] FamCA 5
Seden & Kehoe [2020] FamCAFC 294
Sun Alliance Insurance Ltd v Massoud [1989] VR 8
Number of paragraphs: 71 Date of hearing: 29 August 2024 Place: Heard in Perth, delivered in Sydney Counsel for the Appellant: Dr Ashdown Solicitor for the Appellant: Milevski Family Lawyers Counsel for the Respondent: Mr Sloan Solicitor for the Respondent: Kim Wilson & Co Family Lawyers ORDERS
PTW 6657 of 2022
NAA 147 of 2024FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR CARDOS
Appellant
AND: MS RAFTER
Respondent
ORDER MADE BY:
CHRISTIE J
DATE OF ORDER:
12 SEPTEMBER 2024
THE COURT ORDERS THAT:
1.The application for leave to appeal is refused.
2.The appellant pay the respondent’s costs in the sum of $13,500.
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…
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- Case
- [2024] FedCFamC1A 157
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CaseChat Overview and Summary
The court examined whether the Magistrate made a decision without adequate reasons or miscarried in the exercise of her discretion. Regarding the adequacy of reasons, the court noted that the Magistrate clearly delineated the pathway to the decision and appropriately explained the basis of the orders. The court found that the failure to mention each fact did not amount to error. The court also concluded that the contention of a miscarriage in the exercise of discretion was without merit, as it was an error only implied by the incongruence between the result and the underlying evidence. The court held that such errors seldom succeed due to the generous discretion afforded by the statute.
The court ruled that the application for leave to appeal was refused. The appellant was ordered to pay the respondent's costs in the sum of $13,500. The form of the order was subject to review for minor errors or variations. The court reminded all parties of the legal restrictions on publishing details that identify individuals involved in family law proceedings.
Orders
Orders of the court
PTW 6657 of 2022
NAA 147 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR CARDOS
Appellant
AND:
MS RAFTER
Respondent
ORDER MADE BY:
CHRISTIE J
DATE OF ORDER:
12 SEPTEMBER 2024
THE COURT ORDERS THAT:
1. The application for leave to appeal is refused.
2. The appellant pay the respondent’s costs in the sum of $13,500.
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
Ratio Decidendi
Legal Principle Established
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