FAMILY COURT OF AUSTRALIA
| DICKENS & LEVINE; DICKENS & DICKENS | [2017] FamCAFC 24 |
| FAMILY LAW – APPEAL – CONTRAVENTION – Where the appellant was ordered to pay costs relating to his contravention application – Where the appellant alleges the costs order was unreasonable – Where the appellant withdrew the application after the matter had been before the Court on three occasions – Where such an order was appropriate – Appeal dismissed. FAMILY LAW – APPEAL – CONTEMPT – Where the trial judge dismissed the appellant’s application for contempt – Where the appellant challenges the weight which the trial judge gave to the evidence before him – No appealable error demonstrated – Appeal dismissed. FAMILY LAW – APPEAL – DISAQUALIFICATION – Where the trial judge dismissed an application that he disqualify himself – Where none of the grounds of appeal raise any error in his Honour’s findings – Appeal dismissed. FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the appellant required leave to appeal against procedural orders in four appeals before the Court – Whether leave to appeal should be granted – Leave to appeal refused. |
| Family Law Act 1975 (Cth) s 117 |
CDJ v VAJ (1998) 197 CLR 172
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
| APPELLANT: | Mr Dickens |
| RESPONDENT: | Mr Levine |
(EA 19 of 2015; EA 29 of 2015)
RESPONDENT: Ms Dickens
(EA 82 of 2015; EA 43 of 2016; EA 60 of 2016)
INDEPENDENT CHILDREN’S LAWYER: Moylan Family Lawyers
| (EA 82 of 2015; EA 43 of 2016; EA 60 of 2016) FILE NUMBER: | SYC | 739 | of | 2010 |
| FIRST APPEAL NUMBER: | EA | 19 | of | 2015 |
| SECOND APPEAL NUMBER: | EA | 29 | of | 2015 |
THIRD APPEAL NUMBER: EA 82 of 2015
FOURTH APPEAL NUMBER: EA 43 of 2016
FIFTH APPEAL NUMBER: EA 60 of 2016
| DATE DELIVERED: | 21 February 2017 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Strickland, Ainslie-Wallace & Aldridge JJ |
| HEARING DATE: | 29 September 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATES: | 27 January 2015 17 February 2015 |
| LOWER COURT MNC: |
REPRESENTATION
THE APPELLANT: | In person |
| SOLICITOR FOR THE RESPONDENT: (EA 19 of 2015; EA 29 of 2015) | Mr Kertesz of Delaney Lawyers |
THE RESPONDENT: In person
(EA 82 of 2015; EA 43 of 2016; EA 60 of 2016)
COUNSEL FOR THE INDEPENDENT Ms Messner
CHILDREN’S LAWYER:
SOLICITOR FOR THE INDEPENDENT
CHILDREN’S LAWYER: Moylan Family Lawyers
Orders in Dickens & Levine (EA 19 and EA 29 of 2015)
Leave to appeal so much of appeal EA 19 of 2015 as relates to Order 4 made by Johnston J on 27 January 2015 be refused. The balance of appeal EA 19 of 2015 against the orders of Johnston J made on 27 January 2015 be dismissed.
Appeal EA 29 of 2015 against the orders of Johnston J of 17 February 2015 be dismissed.
The appellant father pay the costs of Mr Levine…
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- DICKENS & LEVINE; DICKENS & DICKENS [2017] FamCAFC 24
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- [2017] FamCAFC 24
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CaseChat Overview and Summary
The primary legal issues before the court were whether the costs order was reasonable, whether there was an error in the weight given to evidence in the contempt application, whether the trial judge should have disqualified himself, and whether leave to appeal should be granted. The appellants argued that the costs order was unreasonable, the trial judge misapplied the weight of evidence, there were valid grounds for disqualification, and leave to appeal should be granted. The respondents maintained that the orders were appropriate and no errors were made.
The court found that the costs order was reasonable given the appellant’s withdrawal of the contravention application after it had been before the court on three occasions. The court also determined that no appealable error was demonstrated in the weight given to evidence by the trial judge in dismissing the contempt application. Furthermore, the court held that none of the grounds raised in the disqualification application against the trial judge constituted an error. Finally, the court found that no compelling reasons were presented to warrant granting leave to appeal against the procedural orders.
The appeal was dismissed, and leave to appeal against the procedural orders was refused. The court upheld the original decisions of the Family Court, affirming the appropriateness of the costs order, the dismissal of the contempt application, the denial of the disqualification application, and the refusal of leave to appeal.
Orders
Orders of the court
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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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