Gonsalves & Gonsalves (No 4)

[2024] FedCFamC1F 214

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Gonsalves & Gonsalves (No 4) [2024] FedCFamC1F 214

File number:

SYC 1702 of 2019

Judgment of:

CHRISTIE J

Date of judgment:

10 April 2024

Catchwords:

FAMILY LAW – PRACTICE & PROCEDURE – Extension of time for filing of evidence as to costs.   

Legislation:

Federal Circuit and Family Court of Australia Act 2021 (Cth) s 67

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.04

Division:

Division 1 First Instance

Number of paragraphs:

9

Date of hearing:

Determined in chambers

Solicitor for the Applicant:

Bazaliza Lawyers

Solicitor for the Respondent:

J S Pinto & Co

ORDERS

SYC 1702 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR GONSALVES

Applicant

AND:

MS GONSALVES

Respondent

ORDER MADE BY:	CHRISTIE J
DATE OF ORDER:	10 APRIL 2024

THE COURT ORDERS THAT:

1.The time for compliance in Order 2 of the orders of 4 April 2024 is noon 15 April 2024.

2.The time for compliance in Order 3 of the orders of 4 April 2024 is noon 15 April 2024.

3.Judgment will be reserved from noon on 15 April 2024. 

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.

IT IS NOTED that publication of this judgment by this Court under a pseudonym Gonsalves & Gonsalves has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

CHRISTIE J:

1. On 13 December 2023 I finally determined an application in these proceedings. The husband sought that the Court hear and determine an application for costs.

2. I made procedural directions for the filing of affidavits and submissions. The matter was, in the absence of contrary indication, to be determined in chambers. No one sought an oral hearing.

3. The parties filed material. In the case of the wife, her material was not filed in accordance with the Court’s orders.

4. I granted leave to the wife to rely on the material. However, since the affidavit of 26 March 2024 was filed after the husband’s submissions, I also allowed him an opportunity to reply provided he did so by 12 April 2024.

5. My orders of 4 April provided the husband with more than a week to reply by way of further affidavit or submissions. The husband is not obliged to reply. I envisaged that if there were new matters arising from the affidavit filed by the wife to be addressed, a short affidavit and/or submission would be filed. By 12 April 2024 the husband will have had access to the wife’s new affidavit for 17 days.

6. Both parties have subsequently emailed my associate. The husband seeks further time. The wife opposes that course. Emails to the judge’s associate are not a forum to ventilate submissions. They are certainly not the place for parties to conduct their litigation.

7. In this case both parties have from time to time failed to comply with the Court’s orders and sought extensions of time, almost always after the time for compliance had passed. At some point this matter must conclude and concluding this matter in a timely manner is consistent with the overarching purpose set out in s 67 of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and r 1.04 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

8. Lest this is unclear, I make the following comments:

   (a)The Court communicates with the parties in open court or by the making of orders and delivery of reasons;

   (b)The parties communicate with the Court in open court or by the making of applications supported by evidence and submissions;

   (c)It follows that the business of the Court is not conducted via email with the judge’s associate.

9. The time for compliance with Orders 2 and 3 dated 4 April 2024 will be extended but not to the date which the husband seeks.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Christie.

Associate:

Dated: 10 April 2024