FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Darvish & Karo (No 3) [2024] FedCFamC2F 1046
File number(s): SYC 9053 of 2023 Judgment of: JUDGE STREET Date of judgment: 26 July 2024 Catchwords: FAMILY LAW – PROCEDURE - challenge to jurisdiction dismissed – clearly not inappropriate forum - application for a stay on the grounds of an inappropriate forum dismissed – application for instituting proceedings under Part VI of the Family Law Act 1975 (Cth) are by order also treated as instituting proceedings under Part VII and Part VIII – injunction under s 68B restraining proceedings in Country B. Legislation: Family Law Act 1975 (Cth)
Federal Circuit Court and Family Court of Australia Act 2021 (Cth)
Marriage Act 1961 (Cth)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited: Henry v Henry [1995] 185 CLR 571
Kent & Kent [2017] FamCAFC 157
Talwar & Sarai [2018] FamCAFC 152
Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538
Division: Division 2 Family Law Number of paragraphs: 26 Date of hearing: 26 July 2024 Place: Sydney Counsel for the Applicant: Ms S Mahony Solicitor for the Applicant: I & J Law Respondent: Appeared via video and audio link ORDERS
SYC 9053 of 2023 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MS DARVISH
Applicant
AND: MR KARO
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
26 JULY 2024
THE COURT ORDERS THAT:
Final Orders
1.Subject to order 2, the respondent is restrained pursuant section 68B of the Family Law Act 1975 (Cth) from taking any further step in any of the three proceedings commenced by the respondent, Mr Karo, against the applicant, Ms Darvish, in the Country B Court or any steps seeking to enforce any orders obtained in any of those three proceedings.
2.Pursuant to section 68B of the Family Law Act 1975 (Cth) the respondent is to file a sealed copy of these orders in each of the three proceedings before the Country B Court.
INTERIM ORDERS, THE COURT ORDERS THAT:
3.The applicant’s application instituting proceedings under Part VI of the Family Law Act 1975 (Cth) for divorce orders are hereby treated as also instituting proceedings under Part VII for parenting orders and Part VIII for property orders of said act.
4.The respondent’s challenge to jurisdiction is dismissed.
5.The respondent’s application for a stay on the grounds of an inappropriate forum is dismissed.
6.The applicant is directed to file and serve an amended application on or before 9 August 2024.
7.The respondent is directed to filed and serve an amended response on or before 23 August 2024.
8.The applicant is directed to file and serve any submission and/or affidavit in support of costs which can be in short form on or before 9 August 2024.
9.The respondent is directed to file and serve any affidavit in answer to the application for costs and/or submission on or before 23 August 2024.
10.The matter is fixed for…
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- AGLC
- Darvish & Karo (No 3) [2024] FedCFamC2F 1046
- Case
- [2024] FedCFamC2F 1046
- Decision Date
CaseChat Overview and Summary
The Court dismissed the challenge to jurisdiction, finding that the Court had jurisdiction under the Family Law Act 1975 (Cth). The Court found that it was not an inappropriate forum, noting that the parties have a significant connection to Australia and the matter is capable of being heard in Australia. The Court also dismissed the application for a stay, finding that the Australian Court is the appropriate forum for the proceedings. The Court treated the application for divorce orders as also instituting proceedings for parenting and property orders. The Court ordered that Mr Karo is restrained from taking any further steps in the Country B proceedings, and directed the parties to file and serve amended applications and responses by specified dates. The Court fixed a directions hearing for 10 September 2024.
The Court noted that it would determine the application for costs under section 117 of the Family Law Act 1975 (Cth) in respect of the unsuccessful application and opposition by the respondent at the directions hearing on 10 September 2024. The Court granted leave to the parties to apply for consent orders to be made in chambers, if appropriate. The Court also noted that the form of the order is subject to the entry in the Court’s records, and that this copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors.
Orders
Orders of the court
SYC 9053 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MS DARVISH
Applicant
AND:
MR KARO
Respondent
ORDER MADE BY:
JUDGE STREET
DATE OF ORDER:
26 JULY 2024
THE COURT ORDERS THAT:
Final Orders
1. Subject to order 2, the respondent is restrained pursuant section 68B of the Family Law Act 1975 (Cth) from taking any further step in any of the three proceedings commenced by the respondent, Mr Karo, against the applicant, Ms Darvish, in the Country B Court or any steps seeking to enforce any orders obtained in any of those three proceedings.
2. Pursuant to section 68B of the Family Law Act 1975 (Cth) the respondent is to file a sealed copy of these orders in each of the three proceedings before the Country B Court.
INTERIM ORDERS, THE COURT ORDERS THAT:
3. The applicant’s application instituting proceedings under Part VI of the Family Law Act 1975 (Cth) for divorce orders are hereby treated as also instituting proceedings under Part VII for parenting orders and Part VIII for property orders of said act.
4. The respondent’s challenge to jurisdiction is dismissed.
5. The respondent’s application for a stay on the grounds of an inappropriate forum is dismissed.
6. The applicant is directed to file and serve an amended application on or before 9 August 2024.
7. The respondent is directed to filed and serve an amended response on or before 23 August 2024.
8. The applicant is directed to file and serve any submission and/or affidavit in support of costs which can be in short form on or before 9 August 2024.
9. The respondent is directed to file and serve any affidavit in answer to the application for costs and/or submission on or before 23 August 2024.
10. The matter is fixed for directions hearing commencing at 9:30am on 10 September 2024 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).
11. Liberty is granted to the parties to apply on three (3) days’ notice.
12. Leave is granted to the parties to provide consent orders to be made in chambers, if appropriate.
THE COURT NOTES THAT:
A. The Court will determine the application for costs under section 117 of the Family Law Act (Cth) in respect of the unsuccessful application and opposition by the respondent at the directions hearing on 10 September 2024 and if successful, will fix the amount of costs to be made.
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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