Galani & Galani

In MLC13970 of 2020, Ms Galani (the wife) sought the summary dismissal of Mr Galani's (the husband) Initiating Application to set aside the sale of a property. The husband's application followed final property orders made in March 2017, which had been the subject of extensive prior litigation and appeals. The wife also sought costs on an indemnity basis.

The court was required to determine whether the husband's application to set aside the sale of the property should be summarily dismissed. This involved considering the principles applicable to summary dismissal under the Family Law Rules 2004 (Cth), particularly in circumstances where the applicant failed to appear at the hearing without explanation.

Williams J applied the principles of summary dismissal, noting that such applications are to be considered where there is no reasonable prospect of success or where the proceedings are an abuse of process. The husband's application was heard and determined in his absence, as he provided no explanation for his failure to appear on the scheduled hearing date, despite attempts by the court to contact him by telephone. The court found that the husband's application lacked merit and was an abuse of process, given the history of litigation and the finality of previous orders.

The court ordered the dismissal of the husband's Initiating Application and Application in a Case filed on 16 December 2020. The parties were also directed to file and serve written submissions regarding costs within 28 days.