FAMILY COURT OF AUSTRALIA
| DUTNALL & RALLIN (NO. 2) | [2020] FamCAFC 295 |
| FAMILY LAW – APPEAL – LEAVE TO APPEAL – PRACTICE AND PROCEDURE – Subpoena – Notice of Objection – Where the primary judge upheld the respondent’s Notice of Objection to a subpoena issued to the child’s high school by the applicant – Where there is no doubt as to the correctness of the primary judge’s decision – Where no substantial injustice would result if leave to appeal is not granted – Application for leave to appeal dismissed – Applicant to pay the respondent and the Independent Children’s Lawyer’s costs in fixed sums. FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Adduce further evidence – Where the documents sought to be adduced could not show any error on the part of the primary judge – Application dismissed. |
| Family Law Act 1975 (Cth) ss 4(1), 94AAA(3), 117(2A) Family Law Regulations 1984 (Cth) reg 15A(2) |
| Associated Dominions Assurance Society Pty Ltd v John Fairfax & Sons Pty Ltd (1955) 72 WN (NSW) 250 CDJ v VAJ (1998) 197 CLR 172; [1998] HCA 76 Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Commonwealth v Mullane (1961) 106 CLR 166; [1961] HCA 28 Dutnall & Rallin [2020] FamCAFC 265 Hatton v Attorney-General of the Commonwealth of Australia & Ors (2000) FLC 93-038; [2000] FamCA 892 Lenova & Lenova (Costs) [2011] FamCAFC 141 Lietzau & Lietzau [2020] FamCAFC 149 Malloy and Anor & Stopford Malloy [2017] FamCAFC 205 Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34 National Employers’ Mutual General Association Ltd v Waind & Hill [1978] 1 NSWLR 372 Robeck & Robeck [2018] FamCAFC 201 Tallant & Kelsey (2016) FLC 93-742; [2016] FamCAFC 207 |
| APPLICANT: | Mr Dutnall |
| RESPONDENT: | Ms Rallin |
| INDEPENDENT CHILDREN’S LAWYER: | John Spence & Associates |
| FILE NUMBER: | SYC | 3232 | of | 2016 |
| APPEAL NUMBER: | EAA | 110 | of | 2020 |
| DATE DELIVERED: | 26 November 2020 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Aldridge J |
| HEARING DATE: | 17 November 2020 |
| LOWER COURT JURISDICTION: | Federal Circuit Court of Australia |
| LOWER COURT JUDGMENT DATE: | 6 July 2020 |
| LOWER COURT MNC: | [2020] FCCA 2257 |
REPRESENTATION
| THE APPLICANT: | Self-represented litigant (by video link) |
| SOLICITOR FOR THE RESPONDENT: | Sexton Family Law |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Mr Ladopoulos |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | John Spence & Associates |
Orders
The application for leave to appeal from the orders of a judge of the Federal Circuit Court of Australia made on 6 July 2020 is dismissed.
The Application in an Appeal to adduce further evidence filed on 12 October 2020 is dismissed.
The applicant pay the respondent’s costs fixed in the sum of $1,863.60 and the Independent Children’s Lawyer’s costs fixed in the sum of $2,001.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Dutnall & Rallin (No. 2) has been approved by the Chief Justice pursuant…
Keep reading for free
Create a free CaseChat account to read Dutnall and Rallin (No. 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] FamCAFC 295
- Decision Date
CaseChat Overview and Summary
The court examined the arguments presented regarding the subpoena and the Notice of Objection. It concluded that there was no doubt as to the correctness of the primary judge's decision, and granting leave to appeal would not result in any substantial injustice. The court also considered the application to adduce further evidence, ruling that the documents sought could not demonstrate any error on the part of the primary judge. Consequently, the application for leave to appeal was dismissed, and the application to adduce further evidence was also dismissed.
As a result of the dismissals, the applicant was ordered to pay the respondent’s costs fixed in the sum of $1,863.60 and the Independent Children’s Lawyer’s costs fixed in the sum of $2,001. The form of the order is subject to the entry of the order in the Court’s records. This decision highlights the importance of ensuring that the objections and evidence presented align with the legal standards set by the court, and it underscores the court's discretion in granting leave to appeal and permitting additional evidence.
Orders
Orders of the court
1.
The application for leave to appeal from the orders of a judge of the Federal Circuit Court of Australia made on 6 July 2020 is dismissed.
2.
The Application in an Appeal to adduce further evidence filed on 12 October 2020 is dismissed.
3.
The applicant pay the respondent’s costs fixed in the sum of $1,863.60 and the Independent Children’s Lawyer’s costs fixed in the sum of $2,001.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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.