Fareed & Chavan

Case [2025] FedCFamC2F 529


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Fareed & Chavan [2025] FedCFamC2F 529      

File number(s): SYC 9967 of 2023
Judgment of: JUDGE STREET
Date of judgment: 28 April 2025
Catchwords:  FAMILY LAW – DIVORCE – stay of proceedings – prejudice to proceedings - not inappropriate forum - challenge to jurisdiction dismissed – response seeking a stay for dismissal – Divorce order made – wife undertaking - stay of order for 28 days and if appealed by wife – no order as to costs
Legislation:

Family Law Act 1975 (Cth)

Marriage Act 1961 (Cth)

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

Cases cited:

 Bakshi & Mahanta (No 2) [2022] FedCFamC1A 90; 367 FLR 177:

Byquist & Ieri (No 2) [2024] FedCFamC1A 217

CSR Limited v Cigna Insurance Limited [1997] 189 CLR 345

Desai & Desai [2024] FedCFamC1A 170

Deslandes & Deslandes [2015] FamCA 913

Henry v Henry [1996] HCA 51; (1996) 135 ALR 564

Kent & Kent [2017] FamCAFC 157

Navarro v Jurado [2010] FamCAFC 210; (2010) 44 Fam LR 310

Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538

Division: Division 2 Family Law
Number of paragraphs: 131
Date of hearing: 25 October 2025
Counsel for the Applicant: Ms A Wallace
Solicitor for the Applicant: DM Legal Australia
Counsel for the Respondent: Mr J Bennett
Solicitor for the Respondent: Proficient Legal

ORDERS

SYC 9967 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR FAREED

Applicant

AND:

MS CHAVAN

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

28 APRIL 2025

THE COURT DECLARES THAT:

A.It is satisfied that there are proper arrangements in all the circumstances that have been made for the care, welfare and development of the child who has not yet obtained the age of 18 years.

THE COURT ORDERS THAT:

1.The Court makes a divorce order in relation to the marriage of the applicant and the respondent, which is to take effect by reason of s 55 of the Family Law Act 1975 (Cth) at the expiration of a period of one month from the making of this order.

2.The Court stays the declaration and order 1 for 28 days, and if a notice of appeal is filed by the respondent wife on the basis of the undertaking given to this Court to pursue the appeal with all reasonable diligence, the stay is to continue until the determination of the appeal or further order of the appellate Court.

3.The Court makes no order as to costs as between the parties.

4.The response seeking a stay or dismissal of the proceedings by the respondent is dismissed.

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…

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Fareed & Chavan [2025] FedCFamC2F 529
Case
[2025] FedCFamC2F 529
Decision Date

CaseChat Overview and Summary

In this case, Mr Fareed applied for a divorce from Ms Chavan in the Federal Circuit and Family Court of Australia. Ms Chavan responded by seeking a stay or dismissal of the proceedings on the grounds that the Court was not the appropriate forum for the proceedings. The Court was required to determine whether the proceedings should be stayed or dismissed and whether there were proper arrangements in place for the care, welfare, and development of any child of the marriage.

The Court found that there were proper arrangements in place for the care, welfare, and development of any child of the marriage. The Court also found that the proceedings were not inappropriate and dismissed the respondent's challenge to the jurisdiction of the Court. The Court then considered whether a stay of proceedings was appropriate in the circumstances. The Court found that a stay of proceedings was appropriate for 28 days to allow the respondent an opportunity to pursue an appeal. The Court further found that no order should be made as to costs as between the parties.

The Court made a divorce order in relation to the marriage of the applicant and the respondent, which is to take effect by reason of section 55 of the Family Law Act 1975 (Cth) at the expiration of a period of one month from the making of this order. The Court stayed the declaration and order for 28 days, and if a notice of appeal is filed by the respondent wife on the basis of the undertaking given to this Court to pursue the appeal with all reasonable diligence, the stay is to continue until the determination of the appeal or further order of the appellate Court. The Court dismissed the response seeking a stay or dismissal of the proceedings by the respondent. The Court made no order as to costs as between the parties.

Orders

Orders of the court

SYC 9967 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR FAREED

Applicant

AND:

MS CHAVAN

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

28 APRIL 2025

THE COURT DECLARES THAT:

A. It is satisfied that there are proper arrangements in all the circumstances that have been made for the care, welfare and development of the child who has not yet obtained the age of 18 years.

THE COURT ORDERS THAT:

1. The Court makes a divorce order in relation to the marriage of the applicant and the respondent, which is to take effect by reason of s 55 of the Family Law Act 1975 (Cth) at the expiration of a period of one month from the making of this order.

2. The Court stays the declaration and order 1 for 28 days, and if a notice of appeal is filed by the respondent wife on the basis of the undertaking given to this Court to pursue the appeal with all reasonable diligence, the stay is to continue until the determination of the appeal or further order of the appellate Court.

3. The Court makes no order as to costs as between the parties.

4. The response seeking a stay or dismissal of the proceedings by the respondent is dismissed.

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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