Fowles - [2025] FedCFamC1A 147

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Fowles [2025] FedCFamC1A 147

Appeal from:
Fowles & Fowles (No 8) [2025] FedCFamC1F 472

Fowles & Fowles (No 9) [2025] FedCFamC1F 491

Appeal number: NAA 379 of 2025
NAA 392 of 2025

File number: MLC 8587 of 2015

Judgment of: AUSTIN J

Date of judgment: 21 August 2025

Catchwords: FAMILY LAW – APPLICATION IN AN APPEAL – LEAVE TO APPEAL – Where the applicant seeks leave to appeal from two sets of orders – Where the first application relates to a harmful proceedings order against the applicant – Where the complaints of the applicant are specious and misconceived – Where the intended appeal is vexatious – Where the second application relates to procedural orders which are not amenable to appeal – Where to intended appeal is vexatious – Leave refused – Applications dismissed.

Legislation:
Family Law Act 1975 (Cth) Pt VIII, XIB, ss 102NA, 102QAC, 102QAE, 102QAF, 102QAG, 102Q, 102QF, 102QG

Family Law Amendment Act 2023 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Pt 5.3, r 13.38

Cases cited:
Darley (No 4) [2023] FedCFamC1A 158

Fowles & Fowles (No 2) (2024) FLC 94-198; [2024] FedCFamC1A 115

Fowles & Fowles (No 8) [2025] FedCFamC1F 472

Fowles & Fowles (No 9) [2025] FedCFamC1F 491

Mr Fowles v Ms Fowles [2024] HCASL 292

Pencious & Searle (2017) FLC 93-805; [2017] FamCAFC 210

Number of paragraphs: 43

Date of hearing: Determined in chambers on the papers

Place: Newcastle

The Applicant: Litigant in person
ORDERS

NAA 379 of 2025
NAA 392 of 2025
MLC 8587 of 2015

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MR FOWLES

Applicant

ORDER MADE BY:

AUSTIN J

DATE OF ORDER:

21 AUGUST 2025

THE COURT ORDERS THAT:
1.The Application in an Appeal filed on 13 August 2025 in appeal suit number NAA 379/2025 is dismissed.
2.The Application in an Appeal filed on 19 August 2025 in appeal suit number NAA 392/2025 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.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Fowles has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
AUSTIN J:

These reasons explain the refusal of the grant of leave for the husband to institute appeals against orders made by two…

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 Fowles

Details

AGLC: Fowles [2025] FedCFamC1A 147
Case: [2025] FedCFamC1A 147
Decision Date: 21 August 2025

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia was asked to consider two applications for leave to appeal by Mr. Fowles. The first application sought leave to appeal a harmful proceedings order made against him, while the second sought leave to appeal certain procedural orders. The court's task was to determine whether Mr. Fowles' complaints were valid and whether the proposed appeals were vexatious.

The court found that Mr. Fowles' complaints about the harmful proceedings order were specious and misconceived, and that his intended appeal was vexatious. In relation to the procedural orders, the court held that such orders were not amenable to appeal, and again found that the intended appeal was vexatious. Given these findings, the court concluded that Mr. Fowles' applications for leave to appeal should be refused.

In light of the above, the court dismissed both applications for leave to appeal. The first application, filed on 13 August 2025, was dismissed in appeal suit number NAA 379/2025, and the second application, filed on 19 August 2025, was dismissed in appeal suit number NAA 392/2025. The form of the orders is subject to review and may be varied if necessary, in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Orders

Orders of the court

NAA 379 of 2025

NAA 392 of 2025

MLC 8587 of 2015

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR FOWLES

Applicant

ORDER MADE BY:

AUSTIN J

DATE OF ORDER:

21 AUGUST 2025

THE COURT ORDERS THAT:

1. The Application in an Appeal filed on 13 August 2025 in appeal suit number NAA 379/2025 is dismissed.

2. The Application in an Appeal filed on 19 August 2025 in appeal suit number NAA 392/2025 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

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.

Appeal from:		Fowles & Fowles (No 8) [2025] FedCFamC1F 472 Fowles & Fowles (No 9) [2025] FedCFamC1F 491
Appeal number:		NAA 379 of 2025 NAA 392 of 2025
File number:	MLC 8587 of 2015
Judgment of:	AUSTIN J
Date of judgment:	21 August 2025
Catchwords:	FAMILY LAW – APPLICATION IN AN APPEAL – LEAVE TO APPEAL – Where the applicant seeks leave to appeal from two sets of orders – Where the first application relates to a harmful proceedings order against the applicant – Where the complaints of the applicant are specious and misconceived – Where the intended appeal is vexatious – Where the second application relates to procedural orders which are not amenable to appeal – Where to intended appeal is vexatious – Leave refused – Applications dismissed.
Legislation:	Family Law Act 1975 (Cth) Pt VIII, XIB, ss 102NA, 102QAC, 102QAE, 102QAF, 102QAG, 102Q, 102QF, 102QG Family Law Amendment Act 2023 (Cth) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Pt 5.3, r 13.38
Cases cited:	Darley (No 4) [2023] FedCFamC1A 158 Fowles & Fowles (No 2) (2024) FLC 94-198; [2024] FedCFamC1A 115 Fowles & Fowles (No 8) [2025] FedCFamC1F 472 Fowles & Fowles (No 9) [2025] FedCFamC1F 491 Mr Fowles v Ms Fowles [2024] HCASL 292 Pencious & Searle (2017) FLC 93-805; [2017] FamCAFC 210
Number of paragraphs:	43
Date of hearing:	Determined in chambers on the papers
Place:	Newcastle
The Applicant:	Litigant in person

ORDER MADE BY:	AUSTIN J
DATE OF ORDER:	21 AUGUST 2025