Langmeil & Grange
Case
•
[2013] FamCAFC 31
•18 March 2013
Details
AGLC
Case
Decision Date
LANGMEIL & GRANGE
[2013] FamCAFC 31
[2013] FamCAFC 31
18 March 2013
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.
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.
Details
Key Legal Topics
Areas of Law
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Family Law
Legal Concepts
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Appeal
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Jurisdiction
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Abuse of Process
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Costs
Actions
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Citations
LANGMEIL & GRANGE
[2013] FamCAFC 31
Most Recent Citation
Malcolm & Pereira [2025] FedCFamC1F 256
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
3
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[2007] FamCA 529
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