Janzen & Naish (No 2)

Case [2024] FedCFamC2F 607


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Janzen & Naish (No 2) [2024] FedCFamC2F 607

File number(s): CAC 119 of 2021
Judgment of: JUDGE W J NEVILLE
Date of judgment: 16 May 2024
Catchwords: FAMILY LAW - PRACTICE & PROCEDURE – supplementary reasons regarding whether to re-open or not to re-open (that is the question) – arithmetical errors in Husband’s balance sheet used by the Court in judgment but which were not brought to Court’s attention until later Directions Hearing post-judgment – judgment not “perfected” – considerations regarding use of “slip-rule” compared to re-opening – evidence re-opened on Court’s own motion to correct inadvertent error and to admit evidence of which the Court was unaware at the time of preparing judgment – parties provided written submissions regarding re-opening – later agreed balance sheets from each party admitted into evidence – no need to re-visit or re-consider findings by the Court on the evidence at trial.
Legislation: Federal Circuit and Family Court of Australia  (Family Law) Rules 2021 (Cth), Part 10.4; rr.10.13, 10.14
Cases cited:

Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300

Burrell v The Queen (2008) 238 CLR 218

De L v Director-General, NSW Department of Community Services (No.2) (1997) 190 CLR 207

Dickons v Dickons (2014) 50 Fam LR 244

DJL v Central Authority (2000) 201 CLR 226

Ezra Abrahams Pty Ltd v Milburn [2017] VSCA 355

FDY Investments Pty Ltd v Promptair Pty Ltd [2017] FCA 1097

Janzen & Naish [2024] FedCFamC2F 309

Janzen & Naish [2024] FedCFamC1A 75

Racing New South Wales v Racing Victoria Ltd [2024] NSWSC 147

L. Shaddock & Associates Pty Ltd v Council of the City of Parramatta (1983) 151 CLR 590

Smith v NSW Bar Association (1992) 176 CLR 256

Division: Division 2 Family Law
Number of paragraphs: 82
Date of hearing: 23 April 2024
8 May 2024 (last submissions)
Place: Canberra
Solicitors for the Applicant C Law Firm
Solicitors for the Respondent Robinson + McGuinness Family Law

ORDERS

CAC 119 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS JANZEN
Applicant

AND:

MR NAISH
Respondent

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

16 MAY 2024

THE COURT ORDERS THAT:

1.The evidence be reopened for the purpose of

(a)admitting into evidence the November 2023 balance sheets of the parties,

(b)assigning Exhibit numbers respectively, AW1 and RH1, and

(c)annexing those Exhibits to these reasons.

2.Exhibit RH1 be substituted for the balance sheet set out at paragraph [202] of the principal reasons of 14th March 2024.

3.Pursuant to rule 10.14(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), the final percentage figure at paragraph [213] of the principal reasons of 14th March 2024 be amended to 37% to the Wife, and 63% to the Husband.

AND IT IS NOTED THAT these Orders have been amended pursuant to Rule 10.13(1)(g) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

Note:…

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Janzen & Naish (No 2) [2024] FedCFamC2F 607
Case
[2024] FedCFamC2F 607
Decision Date

CaseChat Overview and Summary

This case involved a dispute between Ms Janzen and Mr Naish, with the primary issue being the reconsideration and correction of financial statements used in the initial judgment. The Federal Circuit and Family Court of Australia was tasked with determining whether to reopen the evidence to correct arithmetical errors in the Husband's balance sheet, which were identified post-judgment. The court was also required to decide whether the evidence should be reopened to admit later balance sheets from both parties and whether this required revisiting the findings made during the trial.

The court examined the application to reopen the evidence to correct inadvertent errors and to admit evidence that was previously unknown to the court at the time of preparing the judgment. The court noted the existence of the "slip-rule" and its potential application compared to the decision to reopen the evidence. After considering the submissions from both parties and the newly admitted balance sheets, the court concluded that there was no need to revisit or reconsider the findings made on the evidence at trial. The arithmetical errors were corrected, and the later balance sheets were admitted into evidence.

The court ordered the evidence to be reopened to admit the November 2023 balance sheets of the parties, assign exhibit numbers to these sheets, and annex them to the reasons. The balance sheet set out in the principal reasons was substituted with the updated balance sheet. Additionally, the final percentage figure was amended to reflect the corrected calculations, with 37% attributed to the Wife and 63% to the Husband.

These orders were made to correct the errors in the initial judgment and to ensure that the financial outcomes were accurately reflected. The court's decision underscores the importance of precision in financial assessments within family law proceedings and the court's willingness to correct inadvertent errors to achieve just outcomes.

Orders

Orders of the court

CAC 119 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS JANZEN

Applicant

AND:

MR NAISH

Respondent

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

16 MAY 2024

THE COURT ORDERS THAT:

1. The evidence be reopened for the purpose of

(a) admitting into evidence the November 2023 balance sheets of the parties,

(b) assigning Exhibit numbers respectively, AW1 and RH1, and

(c) annexing those Exhibits to these reasons.

2. Exhibit RH1 be substituted for the balance sheet set out at paragraph [202] of the principal reasons of 14th March 2024.

3. Pursuant to rule 10.14(b) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), the final percentage figure at paragraph [213] of the principal reasons of 14th March 2024 be amended to 37% to the Wife, and 63% to the Husband.

AND IT IS NOTED THAT these Orders have been amended pursuant to Rule 10.13(1)(g) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.

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

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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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