FAMILY COURT OF AUSTRALIA
| GOUDARZI & BAGHERI | [2017] FamCAFC 9 |
| FAMILY LAW – APPEAL – APPLICATION FOR REINSTATEMENT – Where the appeal was deemed abandoned after the appellant failed to file a draft appeal index within the time required by r 22.13 of the Family Law Rules 2004 (Cth) – Where no reasonable explanation for delay – Where prejudice to the respondent if appeal reinstated – Where grounds of appeal unlikely to attract appellate intervention – Application dismissed. |
| Family Law Act 1975 (Cth) Family Law Rules 2004 (Cth): r 22.13 |
| Gallo v Dawson (1990) 93 ALR 479 Jackamarra (an Infant) v Krakouer (1998) 195 CLR 516 Rand & Rand [2009] FamCAFC 88 |
| APPLICANT: | Ms Goudarzi |
| RESPONDENT: | Mr Bagheri |
| FILE NUMBER: | SYC | 7646 | of | 2008 |
| APPEAL NUMBER: | EA | 92 | of | 2016 |
| DATE DELIVERED: | 7 February 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Ryan J |
| HEARING DATE: | 7 September 2016 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 31 May 2016 |
| LOWER COURT MNC: | [2016] FamCA 482 |
REPRESENTATION
| FOR THE APPLICANT: | In person |
| SOLICITOR FOR THE RESPONDENT: | Barkus Doolan |
Orders
The Application in an Appeal filed 24 June 2016 be dismissed.
The Application in an Appeal filed 4 August 2016 be dismissed.
No later than two (2) months from the date of these orders, the Appellant wife shall pay the Respondent husband’s costs in relation to these applications in the amount of $1,110.80.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Goudarzi & Bagheri has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| IN THE APPELLATE DIVISION OF THE FAMILY COURT OF AUSTRALIA AT SYDNEY |
Appeal Number: EA 92 of 2016
File Number: SYC 7646 of 2008
| Ms Goudarzi |
Applicant
And
| Mr Bagheri |
Respondent
REASONS FOR JUDGMENT
Introduction
Ms Goudarzi (“the wife”) and Mr Bagheri (“the husband”) are engaged in property settlement proceedings pursuant to Part VIII of the Family Law Act 1975 (Cth) (“the Act”) following the breakdown of their marriage. Or more correctly, final property orders have been made by Cleary J which are subject to an appeal instituted by the wife.
These proceedings comprise two Applications in an Appeal by the wife which arise out of a second appeal by her against a conditional stay of orders made in the wife’s favour by Cleary J on 31 May 2016. It needs to be understood that the wife failed to adhere to the conditions attached to the stay, as a consequence of which the stay has been discharged.
As to the first application, by Application…
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- AGLC
- Goudarzi and Bagheri [2017] FamCAFC 9
- Case
- [2017] FamCAFC 9
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the primary judge had erred in making certain orders regarding the division of property. Specifically, the wife contested the valuation of certain assets and the method used to distribute the assets between the parties. The husband argued that the primary judge's orders were fair and reasonable and that the wife's appeal should be dismissed.
In dismissing both appeals, the court found that the primary judge had not erred in making the orders in question. The court held that the primary judge had considered all relevant factors and had exercised his discretion appropriately. The wife's arguments regarding the valuation of assets and the distribution of assets were found to be without merit. As such, the court dismissed the appeals and ordered the wife to pay the husband's costs in the amount of $1,110.80 within two months of the orders being made.
Orders
Orders of the court
1.
The Application in an Appeal filed 24 June 2016 be dismissed.
2.
The Application in an Appeal filed 4 August 2016 be dismissed.
3.
No later than two (2) months from the date of these orders, the Appellant wife shall pay the Respondent husband’s costs in relation to these applications in the amount of $1,110.80.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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