Chanka & Hari - [2024] FedCFamC1F 649

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Chanka & Hari [2024] FedCFamC1F 649

File number: NCC 1252 of 2023

Judgment of: CAMPTON J

Date of judgment: 20 September 2024

Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Extension of time to comply – Leave granted to make oral application to extend time to comply with orders – Direction for further mediation – Overarching purpose of the Federal Circuit and Family Court as contained in s 67 Federal Circuit and Family Court of Australia Act2021 (Cth) – No jurisdiction to commence parenting proceedings in Division 1.

Legislation:
Family Law Act 1975 (Cth) s 79

Federal Circuit and Family Court of Australia Act2021 (Cth) ss 67, 68

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.04

Cases cited: Gilford & Cavaco (2024) FLC 94-183; [2024] FedCFamC1A 55

Division: Division 1 First Instance

Number of paragraphs: 19

Date of hearing: 20 September 2024

Place: Sydney

Solicitor for the Applicant: Ms Roberts, Delaney Roberts Family Lawyers

Solicitor for the Respondent: Ms Shevket, Fox & Staniland Lawyers
ORDERS

NCC 1252 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS CHANKA

Applicant

AND:
MR HARI

Respondent

ORDER MADE BY:

CAMPTON J

DATE OF ORDER:

20 SEPTEMBER 2024

THE COURT ORDERS THAT:
1.Each of the husband and the wife be granted leave to make an oral application to extend the times to comply with the orders made 20 June 2024.
2.The time for the wife to comply with Order 1 made 20 June 2024 be extended until 27 September 2024.
3.The time for the husband to comply with Order 2 made 20 June 2024 be extended until 4 October 2024.
4.The time for the parties to comply with Order 5 made 20 June 2024 be extended until 11 October 2024.
5.The time for the wife to comply with Order 6 made 20 June 2024 be extended until 18 October 2024.
6.The time for the husband to comply with Order 7 made 20 June 2024 be extended until 18 October 2024.
7.The parties engage in a further mediation with a view to attempt to compromise outstanding issues between them on or before 8 November 2024.
8.In the event the matter does not resolve at mediation, each party is directed to serve on the other an offer of settlement pursuant to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on or before 13 November 2024.
9.The parties are directed to attend in person for a further case management hearing on 15 November 2024 at 10.00 am.
10.In the event the parties achieve an agreement at mediation or otherwise they are at liberty to submit to chambers consent property orders for consideration.
11.In the event the parties achieve a compromise of the parenting matter and require consent orders be made it is noted that their legal representatives will advise chambers of that circumstance, the parties will file an Application for Consent Orders…

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 Chanka & Hari

Details

AGLC: Chanka & Hari [2024] FedCFamC1F 649
Case: [2024] FedCFamC1F 649
Decision Date: 20 September 2024

CaseChat Overview and Summary

Ms Chanka and Mr Hari appeared before the Federal Circuit and Family Court in a dispute concerning parenting arrangements for their children. The case involved issues of compliance with court orders, mediation, and extensions of time. The court was tasked with determining whether to grant extensions for the parents to comply with previous orders, to order further mediation, and to facilitate a potential resolution of the outstanding issues.

The legal issues before the court included whether to grant leave for the parents to make oral applications to extend the time to comply with the court’s previous orders, the appropriateness of further mediation, and the court’s ability to assist in the resolution of the parenting matters. The overarching purpose of the Federal Circuit and Family Court, as contained in section 67 of the Federal Circuit and Family Court of Australia Act 2021, was also considered. Additionally, the court had to address whether it had jurisdiction to commence parenting proceedings in Division 1 of the court.

The court granted leave for both parties to make oral applications to extend the time to comply with the previous orders. It extended the compliance times for specific orders and directed further mediation to attempt to resolve the outstanding issues. The court also outlined the steps for settlement offers and further hearings, emphasising the importance of achieving a resolution. The court clarified that it did not have jurisdiction to commence parenting proceedings in Division 1 and noted the potential for facilitating consent orders in Division 2 if the parties reached an agreement.

Orders

Orders of the court

NCC 1252 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS CHANKA

Applicant

AND:

MR HARI

Respondent

ORDER MADE BY:

CAMPTON J

DATE OF ORDER:

20 SEPTEMBER 2024

THE COURT ORDERS THAT:

1. Each of the husband and the wife be granted leave to make an oral application to extend the times to comply with the orders made 20 June 2024.

2. The time for the wife to comply with Order 1 made 20 June 2024 be extended until 27 September 2024.

3. The time for the husband to comply with Order 2 made 20 June 2024 be extended until 4 October 2024.

4. The time for the parties to comply with Order 5 made 20 June 2024 be extended until 11 October 2024.

5. The time for the wife to comply with Order 6 made 20 June 2024 be extended until 18 October 2024.

6. The time for the husband to comply with Order 7 made 20 June 2024 be extended until 18 October 2024.

7. The parties engage in a further mediation with a view to attempt to compromise outstanding issues between them on or before 8 November 2024.

8. In the event the matter does not resolve at mediation, each party is directed to serve on the other an offer of settlement pursuant to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on or before 13 November 2024.

9. The parties are directed to attend in person for a further case management hearing on 15 November 2024 at 10.00 am.

10. In the event the parties achieve an agreement at mediation or otherwise they are at liberty to submit to chambers consent property orders for consideration.

11. In the event the parties achieve a compromise of the parenting matter and require consent orders be made it is noted that their legal representatives will advise chambers of that circumstance, the parties will file an Application for Consent Orders in Division 2 for those orders to be made, and my chambers will attempt to facilitate, as far as possible, the making of those consent orders in that forum.

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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File number:	NCC 1252 of 2023
Judgment of:	CAMPTON J
Date of judgment:	20 September 2024
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Extension of time to comply – Leave granted to make oral application to extend time to comply with orders – Direction for further mediation – Overarching purpose of the Federal Circuit and Family Court as contained in s 67 Federal Circuit and Family Court of Australia Act2021 (Cth) – No jurisdiction to commence parenting proceedings in Division 1.
Legislation:	Family Law Act 1975 (Cth) s 79 Federal Circuit and Family Court of Australia Act2021 (Cth) ss 67, 68 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.04
Cases cited:	Gilford & Cavaco (2024) FLC 94-183; [2024] FedCFamC1A 55
Division:	Division 1 First Instance
Number of paragraphs:	19
Date of hearing:	20 September 2024
Place:	Sydney
Solicitor for the Applicant:	Ms Roberts, Delaney Roberts Family Lawyers
Solicitor for the Respondent:	Ms Shevket, Fox & Staniland Lawyers

NCC 1252 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS CHANKA Applicant
AND:	MR HARI Respondent

ORDER MADE BY:	CAMPTON J
DATE OF ORDER:	20 SEPTEMBER 2024