Langmeil & Grange

Case [2013] FamCAFC 31


FAMILY COURT OF AUSTRALIA

LANGMEIL & GRANGE [2013] FamCAFC 31

FAMILY LAW – APPEAL – Application for permission to commence parenting proceedings – Where the Application for permission is in the context of a s 118 Family Law Act 1975 (Cth) order made against the mother for previously bringing frivolous or vexatious proceedings – Where the mother is seeking a substantial change in existing parenting orders – Where the Application must be considered in the context of the history of litigation which has been long and complex – Whether the allegations of abuse made by the mother are of a similar character to previous allegations the mother has made – Where the court was not satisfied that the case has a reasonable likelihood of success that would warrant granting permission to commence proceedings.

FAMILY LAW – APPEAL – Application to adduce further evidence – Where the further evidence would not establish that the trial judge’s decision was not open to her or that her decision was erroneous.

Family Law Act 1975 (Cth): ss 118; 60B; 93A
Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011
(Cth)
Family Law Rules 2004 (Cth): r 11.5
CDJ v VAJ (1998) 197 CLR 172
DL & W
(2012) FLC 93-496
Freeman and Freeman (1987) FLC 91-857
Marsden v Winch (2009) 42 Fam LR 1
McNamara and Rose
[2007] FamCA 529
Re Attorney-General (Cth); Ex parte Skyring (1996) 135 ALR 29
Rice & Asplund (1979) FLC 90-725
SPS & PLS (2008) FLC 93-363
Zabaneh & Zabaneh
(1986) FLC 91-766
APPELLANT: Ms Langmeil
RESPONDENT: Mr Grange
FILE NUMBER: ADC 365 of 2008
APPEAL NUMBER: SOA 62 of 2012
DATE DELIVERED: 18 March 2013
PLACE DELIVERED: Sydney
PLACE HEARD: Adelaide
JUDGMENT OF: Coleman, Ainslie-Wallace & Ryan JJ
HEARING DATE: 5 March 2013
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 20 July 2012
LOWER COURT MNC: [2012] FamCA 588

REPRESENTATION

FOR THE APPELLANT: Ms Langmeil appeared in person
COUNSEL FOR THE RESPONDENT: Ms Dixon
SOLICITOR FOR THE RESPONDENT: A K Reeves & Associates

Orders

  1. The appeal against the orders of the Honourable Justice Dawe made on


    20 July 2012 is dismissed.

  2. The appellant’s application to adduce further evidence filed on


    14 February 2013 is dismissed.

  3. Within six (6) months of agreement or assessment as to quantum, the appellant pay the costs of the respondent in relation to this appeal.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Langmeil & Grange has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT ADELAIDE

Appeal Number: SOA 62 of 2012
File Number: ADC 365 of 2008

Ms Langmeil

Appellant

And

Mr Grange

Respondent

REASONS FOR JUDGMENT

Introduction

  1. This is an appeal by Ms Langmeil (“the mother”) against an order made by Dawe J on 20 July 2012 that the mother’s application for permission to commence parenting proceedings be dismissed. Permission is…

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AGLC
LANGMEIL & GRANGE [2013] FamCAFC 31
Case
[2013] FamCAFC 31
Decision Date

CaseChat Overview and Summary

Langmeil and Grange were the parties involved in an appeal concerning an application for permission to commence parenting proceedings, in light of a previous order made against the mother for bringing frivolous or vexatious proceedings. The mother was seeking a substantial change in the existing parenting orders, and the application had to be considered against a backdrop of a long and complex litigation history. The court was required to decide whether the allegations of abuse made by the mother were of a similar character to those she had made previously, and whether there was a reasonable likelihood of success that would warrant granting permission to commence the proceedings.

The court determined that the allegations of abuse were of a similar character to the previous allegations made by the mother, and that the case did not have a reasonable likelihood of success. Consequently, the application for permission to commence parenting proceedings was dismissed. Additionally, the court dismissed the appellant's application to adduce further evidence, as the proposed evidence would not establish that the trial judge's decision was not open to her or that her decision was erroneous.

The appeal against the orders of the Honourable Justice Dawe made on 20 July 2012 was dismissed, and the appellant's application to adduce further evidence filed on 14 February 2013 was also dismissed. The appellant was ordered to pay the costs of the respondent in relation to this appeal within six months of agreement or assessment as to quantum.

Orders

Orders of the court

1.

The appeal against the orders of the Honourable Justice Dawe made on

20 July 2012 is dismissed.

2.

The appellant’s application to adduce further evidence filed on

14 February 2013 is dismissed.

3.

Within six (6) months of agreement or assessment as to quantum, the appellant pay the costs of the respondent in relation to this appeal.

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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