Haniyya & Terentiy

[2023] FedCFamC1A 210

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Haniyya & Terentiy [2023] FedCFamC1A 210

Appeal from:

Terentiy & Haniyya [2023] FedCFamC2F 832

Appeal number:

NAA 204 of 2023

File number:

SYC 759 of 2020

Judgment of:

CHRISTIE J

Date of judgment:

1 December 2023

Catchwords:

FAMILY LAW – APPEAL – Whether the primary judge was in error by not making orders concerning alternate carers for the child in the event neither parent was available to care for the child – Where the order proposed did not create enforceable rights – Where the proposed order did not specify which arrangement was to take priority nor was there evidence to support the necessity of that order – Where the order did not create certainty – Where the primary judge was not in error to reject the proposed order – Incompetent ground – Where a ground of appeal is directed to an order that is not the subject of the Notice of Appeal ––  Parental Responsibility – Whether the primary judge erred in making an order for equal shared parental responsibility – Where the primary judge did not misunderstand nor misapply the law – Where the primary judge was aware of the parties’ difficulties in communication – Where the orders made for parental responsibility were designed to assist the parties in the event of an impasse – Where the appellant herself had sought orders for equal shared parental responsibility in respect of some specified matters – Appeal dismissed – Directions as to costs.

Legislation:

Family Law Act 1975 (Cth) s 65DAC

Cases cited:

Chappell & Chappell (2008) FLC 93-382; [2008] FamCAFC 143

Newlands & Newlands (2007) 37 Fam LR 10; [2007] FamCA 168

Number of paragraphs:

42

Date of hearing:

21 November 2023

Place:

Sydney

Solicitor for the Appellant:

Mr Brown, Browns the Family Lawyers

Solicitor for the Respondent:

Ms Wearne, Reid Family Lawyers

ORDERS

NAA 204 of 2023
SYC 759 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS HANIYYA

Appellant

AND:

MR TERENTIY

Respondent

ORDER MADE BY:	CHRISTIE J
DATE OF ORDER:	1 DECEMBER 2023

THE COURT ORDERS THAT:

1.Appeal NAA 204 of 2023 is dismissed.

2.Any applicant for costs shall file evidence and written submissions within seven (7) days of these orders.

3.The respondent to any application for costs shall file any evidence and written submissions within seven (7) days of receipt of the applicant’s evidence and submissions.

4.Any submissions in reply shall be filed within a further three (3) days, at which time judgment in the costs matter will be reserved.

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…