FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Cattaneo & Okeke [2025] FedCFamC1A 43
Appeal from: Cattaneo & Cattaneo [2024] FCWA 211 Appeal number: NAA 270 of 2024 File number: PTW 4686 of 2022 Judgment of: CHRISTIE, SCHONELL & BERRY JJ Date of judgment: 17 March 2025 Catchwords: FAMILY LAW – APPEAL – Application for leave to appeal – Where the applicant argues that the primary judged erred in granting a permanent stay of proceedings in the Family Court of Western Australia – Application for leave to appeal dismissed – Appeal dismissed Legislation: Family Law Act 1975 (Cth) s 79
Federal Circuit and Family Court of Australia Act2021 (Cth) ss 28(3)(e)(i), 35, 93A(2)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.17(1)(a)
Federal Court and Federal Circuit and Family Court Regulations 2022 (Cth) reg 4.02(1)(a)
Cases cited: CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 67
Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33
Duckworth & Jamison (2015) 52 Fam LR 471; [2014] FamCA 308
Edwards v Noble (1971) 125 CLR 296; [1971] HCA 54
Grabar and Grabar (1976) FLC 90-147
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
House v The King (1936) 55 CLR 499; [1936] HCA 40
Hsiao v Fazarri (2020) 270 CLR 588
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Metwally v University of Wollongong (1985) 60 ALR 68
Norbis v Norbis (1986) 161 CLR 513; [1986] HCA 17
Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197; [1988] HCA 32
Richards and Richards (1976) FLC 90-037
Sweeney & Burniss (2024) FLC 94-205; [2024] FedCFamC1A 145
Taffa & Taffa [2014] FamCAFC 106
Voth v Manildra Flour MillsPty Ltd (1990) 171 CLR 538; [1990] HCA 55
Number of paragraphs: 53 Date of hearing: 26 February 2025 Place: Heard in Perth via audiovisual link, delivered in Sydney Counsel for the Applicant: Mr Hannan with Ms Oakeley Solicitor for the Applicant: Jackson McDonald Counsel for the Respondent: Ms Dellidis SC Solicitor for the Respondent: Pigdon Norgate Family Lawyer ORDERS
NAA 270 of 2024
PTW 4686 of 2022FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR CATTANEO
Applicant
AND: MS OKEKE
Respondent
ORDER MADE BY:
CHRISTIE, SCHONELL & BERRY JJ
DATE OF ORDER:
17 MARCH 2025
THE COURT ORDERS THAT:
1.The Application in an Appeal filed 7 February 2025 is dismissed.
2.The Application in an Appeal filed 17 February 2025 is dismissed.
3.The Application for leave to appeal is refused.
4.Appeal NAA270/2024 is dismissed.
5.The applicant pay the respondent’s costs in the sum of $22,353 within 28 days.
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…
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- Cattaneo & Okeke [2025] FedCFamC1A 43
- Case
- [2025] FedCFamC1A 43
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the primary judge had erred in granting a permanent stay of proceedings, and whether the applicant had demonstrated grounds for leave to appeal. The court had to consider whether the stay was justified under the Family Law Act 1975 (Cth), and whether the appeal had prospects of success. The court also had to determine if there were any exceptional circumstances that warranted allowing the appeal.
The court dismissed the application for leave to appeal and the subsequent appeals. The judges found that the primary judge had not erred in granting the permanent stay. The court held that the evidence supported the primary judge's conclusion that the proceedings were brought in bad faith, and that the stay was justified. The court further found that Mr Cattaneo had not demonstrated any exceptional circumstances that would warrant allowing the appeal. Consequently, the court dismissed the appeal and ordered that the applicant pay the respondent's costs.
Orders
Orders of the court
NAA 270 of 2024
PTW 4686 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR CATTANEO
Applicant
AND:
MS OKEKE
Respondent
ORDER MADE BY:
CHRISTIE, SCHONELL & BERRY JJ
DATE OF ORDER:
17 MARCH 2025
THE COURT ORDERS THAT:
1. The Application in an Appeal filed 7 February 2025 is dismissed.
2. The Application in an Appeal filed 17 February 2025 is dismissed.
3. The Application for leave to appeal is refused.
4. Appeal NAA270/2024 is dismissed.
5. The applicant pay the respondent’s costs in the sum of $22,353 within 28 days.
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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