Ganakis & Ganakis (No 2) - [2023] FedCFamC1F 279

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Ganakis & Ganakis (No 2) [2023] FedCFamC1F 279

File number(s): SYC 7736 of 2020

Judgment of: HARPER J

Date of judgment: 5 April 2023

Catchwords: FAMILY LAW – PARENTING – Father seeks interim parenting order for parties to trial a two week about arrangement – Application made orally and without any supporting evidence – Parties agree that a two week about arrangement is consistent with recommendations of the Single Expert Report writer and wishes of the children – Parties both agree to trial the arrangement – Mother resisted the making of an order favouring a notation – No interim order made – Notation made recording parties agreement to trial a two week about arrangement – Application dismissed.

Cases cited: Ganakis & Ganakis [2022] FedCFamC1F 262

Division: Division 1 First Instance

Number of paragraphs: 14

Date of hearing: 5 April 2023

Place: Sydney

Solicitor for the Applicant: Katsikaris Family Lawyers

Solicitor for the Respondent: Blanchfield Nicholls Family & Private Advisory
ORDERS

SYC 7736 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS GANAKIS

Applicant

AND:
MR GANAKIS

Respondent

ORDER MADE BY:

HARPER J

DATE OF ORDER:

5 APRIL 2023

THE COURT NOTES THAT:
A.There are potentially outstanding issues of spousal maintenance and a proposed child support departure order to be made in favour of the mother.
B.There was agreement by the parties that commencing on 26 April 2023 the children the subject of the proceedings commence spending equal time with the parents on a two week about arrangement.
C.The current residences of the parents are no more than 10 minutes apart.

THE COURT ORDERS THAT:
1.The parties engage in alternative dispute resolution by way of mediation for mediation of all outstanding issues in the proceedings including final parenting orders, spousal maintenance and possible child support departure order, with such mediation to take place by no later than 26 May 2023.
2.The parties take all necessary steps to comply with any reasonable requirements of the mediator, agreed between the parties in accordance with the previous order.
3.The proceedings be stood over to 10.00 am on 2 June 2023 for Mention.

THE COURT FURTHER NOTES THAT:
D.If at the adjourned date the parties have not reached agreement concerning the outstanding issues in the proceedings the Court will give consideration to listing the matter for final hearing.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved…

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 Ganakis & Ganakis (No 2)

Details

AGLC: Ganakis & Ganakis (No 2) [2023] FedCFamC1F 279
Case: [2023] FedCFamC1F 279
Decision Date: 5 April 2023

CaseChat Overview and Summary

In the case of Ganakis & Ganakis (No 2), the Federal Circuit and Family Court of Australia was presented with an application by the father for an interim parenting order that would require the parties to trial a two-week about arrangement. The mother resisted the application. The case involved the determination of whether an interim order should be made, or whether a notation should be recorded reflecting the parties' agreement to trial the arrangement. Both parties were in agreement that a two-week about arrangement was consistent with the recommendations of a Single Expert Report writer and the wishes of the children. Furthermore, both parties agreed to trial the arrangement. However, the father's application was made orally and without any supporting evidence.

The legal issues the court was required to decide included whether an interim order should be made in the absence of supporting evidence, and whether a notation should be recorded in lieu of an interim order. The court had to consider the parties' agreement to trial the arrangement, as well as the lack of evidence to support the father's application. Additionally, the court had to consider the potential impact of the decision on the children and the overall outcome of the proceedings.

The court reasoned that while the parties agreed to trial the two-week about arrangement, the father's application was made orally and without any supporting evidence. The court was of the view that an interim order should not be made in the absence of such evidence. However, the court noted that the parties' agreement to trial the arrangement should be recorded. Consequently, the court made a notation recording the parties' agreement to trial the two-week about arrangement, and dismissed the application for an interim order. The court also ordered that the parties engage in alternative dispute resolution by way of mediation for mediation of all outstanding issues in the proceedings, including final parenting orders, spousal maintenance and possible child support departure order, with such mediation to take place by no later than 26 May 2023. The proceedings were stood over to 10.00 am on 2 June 2023 for Mention.

Orders

Orders of the court

SYC 7736 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS GANAKIS

Applicant

AND:

MR GANAKIS

Respondent

ORDER MADE BY:

HARPER J

DATE OF ORDER:

5 APRIL 2023

THE COURT NOTES THAT:

A. There are potentially outstanding issues of spousal maintenance and a proposed child support departure order to be made in favour of the mother.

B. There was agreement by the parties that commencing on 26 April 2023 the children the subject of the proceedings commence spending equal time with the parents on a two week about arrangement.

C. The current residences of the parents are no more than 10 minutes apart.

THE COURT ORDERS THAT:

1. The parties engage in alternative dispute resolution by way of mediation for mediation of all outstanding issues in the proceedings including final parenting orders, spousal maintenance and possible child support departure order, with such mediation to take place by no later than 26 May 2023.

2. The parties take all necessary steps to comply with any reasonable requirements of the mediator, agreed between the parties in accordance with the previous order.

3. The proceedings be stood over to 10.00 am on 2 June 2023 for Mention.

THE COURT FURTHER NOTES THAT:

D. If at the adjourned date the parties have not reached agreement concerning the outstanding issues in the proceedings the Court will give consideration to listing the matter for final hearing.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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File number(s):	SYC 7736 of 2020
Judgment of:	HARPER J
Date of judgment:	5 April 2023
Catchwords:	FAMILY LAW – PARENTING – Father seeks interim parenting order for parties to trial a two week about arrangement – Application made orally and without any supporting evidence – Parties agree that a two week about arrangement is consistent with recommendations of the Single Expert Report writer and wishes of the children – Parties both agree to trial the arrangement – Mother resisted the making of an order favouring a notation – No interim order made – Notation made recording parties agreement to trial a two week about arrangement – Application dismissed.
Cases cited:	Ganakis & Ganakis [2022] FedCFamC1F 262
Division:	Division 1 First Instance
Number of paragraphs:	14
Date of hearing:	5 April 2023
Place:	Sydney
Solicitor for the Applicant:	Katsikaris Family Lawyers
Solicitor for the Respondent:	Blanchfield Nicholls Family & Private Advisory

SYC 7736 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS GANAKIS Applicant
AND:	MR GANAKIS Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	5 APRIL 2023