Darley & Darley (No 11) - [2024] FedCFamC1F 558

FEDERAL CIRCUIT AND
FAMILY COURT OF AUSTRALIA (DIVISION 1)
Darley & Darley (No 11) [2024] FedCFamC1F 558

File number(s): BRC 2317 of 2013

Judgment of: HOGAN J

Date of judgment: 23 August 2024

Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant sought leave to re-open the proceedings to adduce further evidence – Where the applicant has already adduced evidence about the very issues to which the evidence she seeks leave to adduce is directed – Where the applicant’s application for leave is dismissed – Where the respondent made an oral application for leave to re-open the proceedings – Where leave is granted to the respondent to adduce one document

Legislation: Family Law Act 1975 (Cth)

Cases cited: Suell & Suell (Re-Opening) (2009) 40 Fam LR 690; [2009] FamCA

Division: First Instance

Number of paragraphs: 10

Date of hearing: 11 July 2024

Place: Brisbane

Applicant: Litigant in person

Respondent: Litigant in person
ORDERS

BRC 2317 of 2013

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS DARLEY

Applicant

AND:
MR DARLEY

Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

23 AUGUST 2024

THE COURT ORDERS THAT:
1.The mother’s application for leave to re-open the proceedings to adduce further evidence, as contained in the Amended Application in a Proceeding filed 11 June 2024, is dismissed.
2.The father’s oral application for leave to re-open the proceedings is granted.
3.The father has leave to adduce the document marked Exhibit 1 on 11 July 2024.
4.All outstanding applications in which the relief sought is for leave to reopen and adduce evidence are dismissed.

NOTATION:
A.There is no Court known by the name “Federal Circuit and Family Court of Australia”.
B.The design of the seal affixed to this order issued by the Federal Circuit and Family Court of Australia (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.

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 this Court under the pseudonym Darley & Darley has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HOGAN J:

By Amended Application in a Proceeding dated 11 June 2024, the mother sought to reopen the evidence in the current proceedings (which were the subject of hearing before me…

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 Darley & Darley (No 11)

Details

AGLC: Darley & Darley (No 11) [2024] FedCFamC1F 558
Case: [2024] FedCFamC1F 558
Decision Date: 23 August 2024

CaseChat Overview and Summary

The matter before the court was a family law proceeding between Ms Darley and Mr Darley. The applicant, Ms Darley, sought leave to re-open the proceedings to adduce further evidence. The respondent, Mr Darley, made an oral application for leave to re-open the proceedings to adduce additional evidence. The court was required to determine whether leave should be granted to both parties to adduce further evidence. The legal issues revolved around the admissibility of new evidence in family law proceedings and the circumstances under which leave to re-open a case may be granted.

The court dismissed Ms Darley's application for leave to re-open the proceedings, noting that she had already adduced evidence on the issues she sought to address. The court found that Ms Darley's application was an attempt to relitigate issues that had already been decided. The court granted Mr Darley's oral application for leave to re-open the proceedings, allowing him to adduce a specific document marked as Exhibit 1 on a particular date. The court dismissed all other outstanding applications for leave to re-open and adduce evidence. The court's decision was based on the principles of fairness and the need to avoid unnecessary delays in the proceedings.

The orders made by the court were that the mother's application for leave to re-open the proceedings was dismissed, while the father's oral application for leave to re-open the proceedings was granted. The father was granted leave to adduce the document marked Exhibit 1 on a specific date. All other outstanding applications for leave to re-open and adduce evidence were dismissed. The decision reflects the court's consideration of the need to maintain the integrity of the proceedings and to avoid unnecessary delays.

Orders

Orders of the court

BRC 2317 of 2013

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS DARLEY

Applicant

AND:

MR DARLEY

Respondent

ORDER MADE BY:

HOGAN J

DATE OF ORDER:

23 AUGUST 2024

THE COURT ORDERS THAT:

1. The mother’s application for leave to re-open the proceedings to adduce further evidence, as contained in the Amended Application in a Proceeding filed 11 June 2024, is dismissed.

2. The father’s oral application for leave to re-open the proceedings is granted.

3. The father has leave to adduce the document marked Exhibit 1 on 11 July 2024.

4. All outstanding applications in which the relief sought is for leave to reopen and adduce evidence are dismissed.

NOTATION:

A. There is no Court known by the name “Federal Circuit and Family Court of Australia”.

B. The design of the seal affixed to this order issued by the Federal Circuit and Family Court of Australia (Division 1) has been determined by the Attorney-General pursuant to the undated Federal Circuit and Family Court of Australia (Seal) Determination 2021 signed by the Attorney-General.

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.

File number(s):	BRC 2317 of 2013
Judgment of:	HOGAN J
Date of judgment:	23 August 2024
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Where the applicant sought leave to re-open the proceedings to adduce further evidence – Where the applicant has already adduced evidence about the very issues to which the evidence she seeks leave to adduce is directed – Where the applicant’s application for leave is dismissed – Where the respondent made an oral application for leave to re-open the proceedings – Where leave is granted to the respondent to adduce one document
Legislation:	Family Law Act 1975 (Cth)
Cases cited:	Suell & Suell (Re-Opening) (2009) 40 Fam LR 690; [2009] FamCA
Division:	First Instance
Number of paragraphs:	10
Date of hearing:	11 July 2024
Place:	Brisbane
Applicant:	Litigant in person
Respondent:	Litigant in person

BRC 2317 of 2013
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS DARLEY Applicant
AND:	MR DARLEY Respondent

ORDER MADE BY:	HOGAN J
DATE OF ORDER:	23 AUGUST 2024