Giordano & Stone

Case [2022] FedCFamC2F 398


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Giordano & Stone [2022] FedCFamC2F 398

File number(s): PAC 3650 of 2021
Judgment of: DEPUTY CHIEF JUDGE MCCLELLAND
Date of judgment: 31 March 2022
Catchwords: FAMILY LAW – parenting orders – where final parenting orders made in September 2019 – where matter was partially remitted for rehearing by the Full Court – where final parenting orders made in June 2021 – where father files new application in July 2021 seeking variation of final orders of September 2019 and June 2021 – where mother seeks summary dismissal – where mother seeks for the father to be prohibited from filing further applications pursuant to s 64B(2)(g) or in the alternate the father declared a vexatious litigant pursuant to s 102QB of the Family Law Act 1975 (Cth) – father’s application dismissed – father prohibited from filing further applications without leave of the Court
Legislation:

Evidence Act 1995 (Cth) s 140(2)

Family Law Amendment (Family Violence and Other Measures) Act 2018 (Cth)

Family Law Act 1975 (Cth) ss 45A, 60I, 64B(2)(g), 65D(2), 69ZN, 102Q, 102QB

Federal Court of Australia Act 1976 (Cth) s 31A

Mental Health (Forensic Provisions) Act 1900 (NSW) s 32

Explanatory Memorandum to the Family Law Amendment (Family Violence and Other Measures) Bill 2018

Explanatory Memorandum to the Family Law Amendment (Shared Parental Responsibility) Bill 2005

Cases cited:

Baukham & Pitresso (No 2) [2020] FamCAFC 188

Cardus & Lavrick [2020] FamCA 579

Eliezer v University of Sydney (2015) 239 FCR 381; [2015] FCA 1045

Freeman and Freeman (1987) FLC 91-857

HWY Rent Pty Ltd v HWY Rentals (in liq) (No 2) [2014] FCA 449

Lohe v Sargent [2001] QSC 386

Marsden & Winch (2009) 42 Fam LR 1; [2009] FamCAFC 152

Mathews v Queensland [2015] FCA 1488

Mbuzi v Griffith University [2016] FCAFC 10

Pitresso & Baukham (No 2) [2019] FCCA 2529

Re Cameron [1996] 2 QdR 218

Rice and Asplund (1979) FLC 90-725

Sandex & Bondir (No 2) [2017] FamCAFC 130

Spencer v The Commonwealth (2010) 241 CLR 118; [2010] HCA 28

SPS and PLS (2008) FLC 93-363; [2008] FamCAFC 16

Tindall & Saldo (2016) FLC 93–727; [2016] FamCAFC 146

Division: Division 2 Family Law
Number of paragraphs: 111
Date of hearing: 22 February 2022
Place: Sydney (via videolink)
The Applicant: Litigant in person
Counsel for the Respondent: Ms Reheby
Solicitor for the Respondent: Johnson Horsley Lawyers

ORDERS

PAC 3650 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR GIORDANO

Applicant

AND:

MS STONE

Respondent

ORDER MADE BY:

 DEPUTY CHIEF JUDGE MCCLELLAND

DATE OF ORDER:

31 MARCH 2022

THE COURT ORDERS THAT:

1.Pursuant to s 45A of the Family Law Act 1975 (Cth) (“the Act”), the application filed by the applicant, MR GIORDANO, on 6 July 2021 be dismissed.

2.Pursuant to s 64B(2)(g) of the Act, the applicant father be prohibited from instituting further proceedings in relation to the child X, born in 2013, without first obtaining leave of the Court.

3.In the event…

Continue reading Giordano & Stone

Sign in free to access the full text

Details
AGLC
Giordano & Stone [2022] FedCFamC2F 398
Case
[2022] FedCFamC2F 398
Decision Date

CaseChat Overview and Summary

This case concerned an application by the father, Mr Giordano, to vary existing final parenting orders made by the Court in respect of the child, X. The final parenting orders were made by Judge Dunkley on 13 September 2019. They were subsequently partially varied by Judge Howe on 4 June 2021. The mother, Ms Stone, sought to have the father’s application dismissed and for the father to be restrained from filing further proceedings in respect of the child without leave of the Court. The Court found that the father’s application had no reasonable prospects of success and should be dismissed pursuant to s 45A of the Family Law Act 1975 (Cth). The Court further found that the father should be restrained from filing further proceedings in respect of the child without leave of the Court. The Court rejected the mother’s application to have the father declared a vexatious litigant.

Orders

Orders of the court

Full text does not contain this section.

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.