Langley & Tarelli (No 6) - [2024] FedCFamC1A 17

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Langley & Tarelli (No 6) [2024] FedCFamC1A 17

Appeal from: Tarelli & Langley [2023] FedCFamC1F 386

Appeal number(s): NAA 160 of 2023

File number: PAC 4311 of 2014

Judgment of: HARPER J

Date of judgment: 21 February 2024

Catchwords: FAMILY LAW – APPLICATION IN AN APPEAL – STAY – Where orders of Full Court made on 28 November 2023 dismissing the appeal and ordering the applicant to pay the costs of the Independent Children’s Law in fixed sum of $5,000 – Where applicant filed an application for special leave in the High Court of Australia on 2 January 2024 – Where applicant seeks a stay of the orders of 28 November 2023 pending the determination of the special leave application – Order requiring the payment of the costs of Independent Children’s Lawyer is stayed – Application in an Appeal otherwise dismissed.

Cases cited:
Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106

Langley & Tarelli (No 5) [2023] FedCFamC1A 208

Number of paragraphs: 11

Date of hearing: 21 February 2024

Place: Sydney

The Applicant: Did not participate

Counsel for the Respondent: Mr Shaw

Solicitor for the ICL: Ms Ryan of Legal Aid, NSW

ORDERS

NAA 160 of 2023
PAC 4311 of 2014

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MS LANGLEY

Applicant

AND:
MR TARELLI

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

HARPER J

DATE OF ORDER:

21 FEBRUARY 2024

THE COURT ORDERS THAT:
1.Order 2 made on 27 November 2023 be stayed pending the determination of the applicant’s application for special leave to appeal to the High Court of Australia filed on 2 January 2024.
2.The Application in an Appeal filed 13 February 2024 be otherwise dismissed.

THE COURT FURTHER ORDERS IN CHAMBERS THAT:
3.The Application in an Appeal filed 21 February 2024 be dismissed.

THE COURT NOTES THAT:
A.There was no appearance by the applicant when the matter was called at 10.12 am on 21 February 2024.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Langley & Tarelli has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE
REASONS FOR JUDGMENT
HARPER J:

In proceedings of NAA 160 of 2023 the Full Court of the Federal Circuit and Family Court of Australia (Division 1)…

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 Langley & Tarelli (No 6)

Details

AGLC: Langley & Tarelli (No 6) [2024] FedCFamC1A 17
Case: [2024] FedCFamC1A 17
Decision Date: 21 February 2024

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia, Division 1 Appellate Jurisdiction, heard an application in an appeal brought by Ms Langley against Mr Tarelli. The appeal related to orders made by the Full Court on 28 November 2023, dismissing Ms Langley's appeal and ordering her to pay a fixed sum of $5,000 to cover the costs of the Independent Children's Lawyer. Ms Langley subsequently filed an application for special leave to appeal to the High Court of Australia on 2 January 2024, and sought a stay of the Full Court orders pending the determination of that application.

The legal issues before the court included whether the orders of the Full Court should be stayed pending the determination of the special leave application, and whether the costs order should be enforced immediately. The court had to consider the principles governing the stay of orders in family law matters, particularly in the context of an application for special leave to appeal. The court also needed to consider the impact of the stay on the interests of the children involved, and whether the costs order should be enforced immediately.

The court found that the orders of the Full Court should be stayed pending the determination of Ms Langley's special leave application to the High Court. The court noted that there was no appearance by Ms Langley when the matter was called, and dismissed the application in an appeal otherwise. The court held that the stay was necessary to avoid any prejudice to Ms Langley's rights to appeal, and to ensure that the costs order did not operate unfairly in the interim. However, the court declined to stay the order requiring the payment of the costs of the Independent Children's Lawyer, finding that this was in the best interests of the children.

The court ordered that Order 2 made on 27 November 2023 be stayed pending the determination of the applicant's application for special leave to appeal to the High Court of Australia, and that the application in an appeal filed 13 February 2024 be otherwise dismissed. The court further ordered in chambers that the application in an appeal filed 21 February 2024 be dismissed. The court noted that there was no appearance by the applicant when the matter was called at 10.12 am on 21 February 2024.

Orders

Orders of the court

NAA 160 of 2023

PAC 4311 of 2014

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS LANGLEY

Applicant

AND:

MR TARELLI

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

HARPER J

DATE OF ORDER:

21 FEBRUARY 2024

THE COURT ORDERS THAT:

1. Order 2 made on 27 November 2023 be stayed pending the determination of the applicant’s application for special leave to appeal to the High Court of Australia filed on 2 January 2024.

2. The Application in an Appeal filed 13 February 2024 be otherwise dismissed.

THE COURT FURTHER ORDERS IN CHAMBERS THAT:

3. The Application in an Appeal filed 21 February 2024 be dismissed.

THE COURT NOTES THAT:

A. There was no appearance by the applicant when the matter was called at 10.12 am on 21 February 2024.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 160 of 2023 PAC 4311 of 2014
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MS LANGLEY Applicant
AND:	MR TARELLI Respondent
INDEPENDENT CHILDREN'S LAWYER

Appeal from:		Tarelli & Langley [2023] FedCFamC1F 386
Appeal number(s):		NAA 160 of 2023
File number:	PAC 4311 of 2014
Judgment of:	HARPER J
Date of judgment:	21 February 2024
Catchwords:	FAMILY LAW – APPLICATION IN AN APPEAL – STAY – Where orders of Full Court made on 28 November 2023 dismissing the appeal and ordering the applicant to pay the costs of the Independent Children’s Law in fixed sum of $5,000 – Where applicant filed an application for special leave in the High Court of Australia on 2 January 2024 – Where applicant seeks a stay of the orders of 28 November 2023 pending the determination of the special leave application – Order requiring the payment of the costs of Independent Children’s Lawyer is stayed – Application in an Appeal otherwise dismissed.
Cases cited:	Aldridge v Keaton (Stay Appeal) [2009] FamCAFC 106 Langley & Tarelli (No 5) [2023] FedCFamC1A 208
Number of paragraphs:	11
Date of hearing:	21 February 2024
Place:	Sydney
The Applicant:	Did not participate
Counsel for the Respondent:	Mr Shaw
Solicitor for the ICL:	Ms Ryan of Legal Aid, NSW

ORDER MADE BY:	HARPER J
DATE OF ORDER:	21 FEBRUARY 2024