GUPTA & GUPTA (No.4)

[2019] FCCA 3716

FEDERAL CIRCUIT COURT OF AUSTRALIA

GUPTA & GUPTA (No.4) [2019] FCCA 3716

Catchwords:
FAMILY LAW – Vexatious litigant – leave to commence proceedings refused.

Legislation:
Federal Circuit Court Rules2001 (Cth), r.4.01

Applicant: MR GUPTA

Respondent: MS GUPTA

File Number: PAC 5828 of 2008

Judgment of: Judge Obradovic

Hearing date: 13 December 2019

Date of Last Submission: 13 December 2019

Delivered at: Parramatta

Delivered on: 19 December 2019

REPRESENTATION

Appearing for the Applicant: In person

Appearing for the Respondent: No appearance

ORDERS

1. Leave to commence proceedings is refused.  

2. Remove all outstanding issues from the list of cases awaiting finalisation.

IT IS NOTED that publication of this judgment under the pseudonym Gupta & Gupta (No.4) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT PARRAMATTA

PAC 5828 of 2008

MR GUPTA

Applicant

And

MS GUPTA

Respondent

REASONS FOR JUDGMENT

1. On 13 December 2019 the Court delivered its written Reasons for Judgment with respect to an application brought by Mr Gupta for leave to commence proceedings. That application was dismissed and reasons were published.

2. On 12 December 2019, the Court became aware from the Registry that Mr Gupta was seeking to file an Application in a Case seeking inter alia a location order for the respondent mother and the children, procedural orders and interim parenting orders.

3. In circumstances where there are no proceedings on foot, it is difficult to see how an Application in a Case can be made[1]. Furthermore, no leave was sought to commence proceedings in circumstances where this Court ordered on 20 June 2017 that the applicant is restrained from commencing any further Family Law proceedings without first obtaining leave of the Court.

   [1] Rule 4.01 Federal Circuit Court Rules (Cth) 2001 states that a person may not file an application for interim or procedural orders unless an application for a final order has been made in the proceeding or the application includes an application for a final order.

4. For similar reasons as given by the Court and delivered on 13 December 2019, leave to commence proceedings with respect to the above Application in a Case is not granted.  

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of Judge Obradovic

Associate: 

Date:  19 December 2019