James & Snipper - [2025] FedCFamC1A 161

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
James & Snipper [2025] FedCFamC1A 161

Appeal from: James & Snipper (No 3) [2025] FedCFamC1F 382

Appeal number: NAA 316 of 2025

File number: SYC 431 of 2022

Judgment of: AUSTIN, BAUMANN & WILLIAMS JJ

Date of judgment: 10 September 2025

Catchwords: FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the applicant contends the primary judge erred by summarily dismissing his contravention application – Where final orders were made between the parties in 2018 requiring the respondent to pay the applicant a cash sum – Where the respondent paid the cash sum in 2019 – Where the applicant alleged the delayed payment of the cash sum caused him to incur interest on an overdue account – Where the primary judge had no power to grant the remedial order for reimbursement which the applicant sought – Where the applicant is still indebted to the respondent under an unpaid costs order made against him – Where the Court has discretionary power to refuse to entertain a fresh application brought by a litigant who is in contempt of other orders made in the same proceedings – Leave refused – Application dismissed – Costs ordered in a fixed sum.

Legislation:
Family Law Act 1975 (Cth) s 112AD

Federal Circuit and Family Court of Australia Act 2021 (Cth) s 36

Family Court Rules 2004 (Cth) Pt 20

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Ch 11

Cases cited:
James & Snipper [2018] FamCAFC 235

James & Snipper [2019] FamCAFC 28

Moorcroft & Moorcroft (2018) FLC 93-881; [2018] FamCAFC 253

Number of paragraphs: 11

Date of hearing: 28 August 2025

Place: Sydney

The Applicant: Litigant in person

Counsel for the Respondent: Mr Ford

Solicitor for the Respondent: Harris Freidman Lawyers
ORDERS

NAA 316 of 2025
SYC 431 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MR JAMES

Applicant

AND:
MS SNIPPER

Respondent

ORDER MADE BY:

AUSTIN, BAUMANN & WILLIAMS JJ

DATE OF ORDER:

10 SEPTEMBER 2025

THE COURT ORDERS THAT:
1.The application for leave to appeal is refused and the Amended Notice of Appeal filed on 11 August 2025 is dismissed.
2.The applicant shall pay the respondent’s party/party costs of these appellate proceedings, fixed in the sum of $11,054.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading James & Snipper

Details

AGLC: James & Snipper [2025] FedCFamC1A 161
Case: [2025] FedCFamC1A 161
Decision Date: 10 September 2025

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia heard an application for leave to appeal from Mr James, who sought to appeal the dismissal of his contravention application against Ms Snipper. The contravention application arose from a 2018 final orders agreement, where Ms Snipper was required to pay Mr James a cash sum. Mr James claimed the delayed payment caused him to incur interest on an overdue account and sought reimbursement of that interest. The primary judge dismissed the application and denied the requested remedy. The appeal was lodged in 2025, despite Mr James still owing Ms Snipper under an unpaid costs order from the same proceedings.

The court had to determine whether it should grant leave to appeal and if the primary judge's decision was correct. The central issue was whether the primary judge erred in dismissing the contravention application and denying the reimbursement order. Additionally, the court examined whether the applicant's ongoing contempt of court orders affected the appeal's admissibility. The court also considered the discretionary power to refuse to entertain a fresh application from a litigant in contempt of other orders.

The court found that the primary judge did not err in dismissing the contravention application. It held that the primary judge lacked the power to grant the remedial order Mr James sought. The court further found that Mr James was in contempt of other orders made in the same proceedings. Given this, the court exercised its discretion to refuse leave to appeal and dismiss the application. The court also ordered Mr James to pay Ms Snipper's costs of the appeal proceedings in a fixed sum of $11,054.

Orders

Orders of the court

NAA 316 of 2025

SYC 431 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR JAMES

Applicant

AND:

MS SNIPPER

Respondent

ORDER MADE BY:

AUSTIN, BAUMANN & WILLIAMS JJ

DATE OF ORDER:

10 SEPTEMBER 2025

THE COURT ORDERS THAT:

1. The application for leave to appeal is refused and the Amended Notice of Appeal filed on 11 August 2025 is dismissed.

2. The applicant shall pay the respondent’s party/party costs of these appellate proceedings, fixed in the sum of $11,054.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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.

NAA 316 of 2025 SYC 431 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MR JAMES Applicant
AND:	MS SNIPPER Respondent

Appeal from:	James & Snipper (No 3) [2025] FedCFamC1F 382
Appeal number:	NAA 316 of 2025
File number:	SYC 431 of 2022
Judgment of:	AUSTIN, BAUMANN & WILLIAMS JJ
Date of judgment:	10 September 2025
Catchwords:	FAMILY LAW – APPEAL – LEAVE TO APPEAL – Where the applicant contends the primary judge erred by summarily dismissing his contravention application – Where final orders were made between the parties in 2018 requiring the respondent to pay the applicant a cash sum – Where the respondent paid the cash sum in 2019 – Where the applicant alleged the delayed payment of the cash sum caused him to incur interest on an overdue account – Where the primary judge had no power to grant the remedial order for reimbursement which the applicant sought – Where the applicant is still indebted to the respondent under an unpaid costs order made against him – Where the Court has discretionary power to refuse to entertain a fresh application brought by a litigant who is in contempt of other orders made in the same proceedings – Leave refused – Application dismissed – Costs ordered in a fixed sum.
Legislation:	Family Law Act 1975 (Cth) s 112AD Federal Circuit and Family Court of Australia Act 2021 (Cth) s 36 Family Court Rules 2004 (Cth) Pt 20 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Ch 11
Cases cited:	James & Snipper [2018] FamCAFC 235 James & Snipper [2019] FamCAFC 28 Moorcroft & Moorcroft (2018) FLC 93-881; [2018] FamCAFC 253
Number of paragraphs:	11
Date of hearing:	28 August 2025
Place:	Sydney
The Applicant:	Litigant in person
Counsel for the Respondent:	Mr Ford
Solicitor for the Respondent:	Harris Freidman Lawyers

ORDER MADE BY:	AUSTIN, BAUMANN & WILLIAMS JJ
DATE OF ORDER:	10 SEPTEMBER 2025