Khalid and Khalid (Intervener Application)

Case [2016] FCCA 2531


FEDERAL CIRCUIT COURT OF AUSTRALIA

KHALID & KHALID (Intervener Application) [2016] FCCA 2531
Catchwords:
PRACTICE & PROCEDURE – Application by Wife’s solicitor to amend reasons – issues of and distinction between jurisdiction and power of Court to make such amendments not addressed in Applicant Solicitor’s submissions – no consideration in written submissions of the court being functus officio – the Applicant expressly rejected reliance upon the “slip rule” to amend or to correct the Court’s reasons – discretionary considerations to make (or not make) the amendment to reasons sought – reliance upon s.121 Family Law Act to ground jurisdiction and power to amend – question of relevance and applicability of s.121 to a solicitor for a party as opposed to a party to the proceedings – failure of submissions to consider relevant “exceptions” to non-publication under s.121(9)(e) – failure of submissions to address the issue of “standing” and the capacity to intervene in proceedings that were finalised before this Court.

Legislation:

Family Law Act 1975, (Cth) ss.92, 121, 121(9)(e)

Federal Circuit Court of Australia Act1999, (Cth) s.15
Federal Circuit Court Rules 2001 (Cth), r.16.05

Cases cited:

A Bank v Coleiro (2011) 252 FLR 359
AON Risk Services Australia Limited v Australian National University (2009) 239 CLR 175

Autodesk Inc v Dyason (No.2) (1993) 176 CLR 300
Burrell v The Queen (2008) 238 CLR 218
DJL v Central Authority (2000) 201 CLR 226

Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303

In the Marriage of Griffiths; re Lane (1980) 7 Fam LR 317
Hanave Pty Ltd v LFOT Pty Ltd (2004) 136 FCR 566
Harris v Caladine (1991) 172 CLR 84
Hinchcliffe v Commissioner of Australian Federal Police (2001) 118 FCR 308
NH v Director of Public Prosecutions; Jakaj v Director of Public Prosecutions; Zefi v Director of Public Prosecutions; Stakaj v Director of Public Prosecutions [2016] HCA 33 (31 August 2016)
PT Bayan Resources TBK v BCBC Singapore Pte Ltd (2015) 89 ALJR 975
Sangara v Hamwood (2009) 39 Fam LR 237
Smith v New South Wales Bar Association (1992) 176 CLR 256
Vadisanis & Vadisanis (2015) FLC ¶93-671
Vance & Vance (2011) FLC ¶93-461
Vitzdamm-Jones v Vitzdamm Jones (1982) 148 CLR 383
Re W: Publication Application (1997) FLC ¶92-726

Australian Family Law, (R. Chisholm & editors) (Sydney: LexisNexis 1987) Vol.1
Australian Family Law & Practice (M. Broun QC & editors) (Sydney: CCH Australia, 2005) Vol.2
J. Tarrant, Amending Final Judgments and Orders, (Sydney: The Federation Press, 2010)

Applicant: MS KHALID

Respondent:

Intervener:

MR KHALID

Wife’s Solicitor

File Number: CAC 128 of 2014
Judgment of: Judge Neville
Hearing date: 8 March 2016
Date of Last Submission: 17 May 2016
Delivered at: Canberra
Delivered on: 30 September 2016

REPRESENTATION

Counsel for the Applicant: Ms J Haughton
Solicitors for the Applicant: Infinity Legal
Counsel for the Respondent: Self represented
Solicitor/Advocate for the Independent Children's Lawyer:

Mr D Ridge

Solicitors for the Independent Children's Lawyer:

Counsel for the…

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Details
AGLC
Khalid and Khalid (Intervener Application) [2016] FCCA 2531
Case
[2016] FCCA 2531
Decision Date

CaseChat Overview and Summary

This matter concerned an application filed on 27 October 2015 by an intervener in proceedings between Khalid and Khalid. The specific nature of the dispute between the primary parties, Khalid and Khalid, is not detailed in the provided text, nor is the precise role or interest of the intervener. The decision was made by Judge Neville.

The central legal issue before the court was whether the intervener's application should be granted or dismissed. The court was required to consider the merits of the intervener's request to participate in or influence the existing proceedings between Khalid and Khalid.

Judge Neville dismissed the intervener's application. While the reasons for this dismissal are not elaborated upon in the provided text, the outcome indicates that the court found no sufficient basis to permit the intervention. The court made no order as to costs, suggesting that neither party was awarded their legal expenses in relation to this specific application.

Orders

Orders of the court

1.

The Application in a Case, filed 27th October 2015, be dismissed.

2.

There be no Order as to costs.

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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