Cattaneo & Okeke

Case [2025] FedCFamC1A 43


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 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…

Continue reading Cattaneo & Okeke

Sign in free to access the full text

Details
AGLC
Cattaneo & Okeke [2025] FedCFamC1A 43
Case
[2025] FedCFamC1A 43
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, the matter of Cattaneo v Okeke [2025] FCCAFC 120 was heard by Christie, Schonell & Berry JJ. The applicant, Mr Cattaneo, sought leave to appeal a decision made by the Family Court of Western Australia that had granted a permanent stay of proceedings in a family law matter. The primary judge had found that the proceedings were brought in bad faith and that a stay was appropriate given the circumstances. Mr Cattaneo contested this decision and sought leave to appeal the matter to the Federal Circuit and Family Court of Australia.

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

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.