LEONG & WU (No.2)

Case [2020] FCCA 271


FEDERAL CIRCUIT COURT OF AUSTRALIA

LEONG & WU (No.2) [2020] FCCA 271
Catchwords:
FAMILY LAW – Application pursuant to Order 16.05 Federal Circuit Court Rules 2001 to reopen proceedings when orders had been made in the husband’s absence – Where reasonable explanation for absence clearly demonstrated – where husband’s material had been filed and was considered in the undefended determination of the matter – where the husband’s case could fairly be described as incapable of successful prosecution – lengthy and extensive history of litigation – where with proceedings relate to both property adjustment and parenting – where the child the subject of the proceedings will, by the time of any rehearing, have attained her majority or an age where the orders sought by the husband would not, in all probability, be made – where there is no utility in re-opening the proceedings – application to re-open dismissed.

Legislation:

Federal Circuit Court Rules2001 r.16.05

Family Law Act 1975, ss.60CA, 60CC, 65DAA, 69ZX, 75(2), 79, 102NA
International Convention on the Rights of the Child

Cases cited:

Harris v Caladine [1991] HCA 9; 172 CLR 84; 65 ALJR 280; 99 ALR 193; (1991) FLC 92–217; 14 Fam LR 593
Harper & Harper [2016] FCCA 1603
Mallard & Mallard [2011] FamCA 876

Aon Risk Services & Australian National University [2009] HCA 27

Ras Behari Lal v The King-Emperor (1933) LR 60 Ind App 354
Allesch & Maunz [2000] HCA 40
Gordon & Gordon [2015] FamCA 616

Kennon & Kennon (1997) FLC 92-757

Applicant: MR LEONG
Respondent: MS WU
File Number: CAC 1783 of 2013
Judgment of: Judge Harman
Hearing date: 17 January 2020
Date of Last Submission: 17 January 2020
Delivered at: Canberra
Delivered on: 17 January 2020

REPRESENTATION

Counsel for the Applicant: Mr Leong in person
Counsel for the Respondent: Mr Stagg
Solicitors for the Respondent: Hijazi Curran Cameron Lawyers

ORDERS

  1. Dismiss the Application in a Case filed 14 January 2020.

  2. Remove all issues from the list of cases awaiting hearing.

IT IS NOTED that publication of this judgment under the pseudonym Leong & Wu (No.2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT CANBERRA

CAC 1783 of 2013

MR LEONG

Applicant

And

MS WU

Respondent

REASONS FOR JUDGMENT

  1. These proceedings come before the Court today as the consequence of an Application in a Case filed 14 January 2020.  The Application in a Case is one of a myriad of applications that have been filed in these proceedings to date.

  2. The proceedings, on their face, relate to property adjustment and parenting arrangements. 

  3. The proceedings have been on foot, it would seem, for a period well in excess of six years, having been commenced with an Initiating Application filed in or about November 2012.

  4. During the conduct of the proceedings, which were concluded by final orders made on an undefended basis 18 November 2019, there have been a dozen or more interim or interlocutory applications filed by the…

Continue reading LEONG & WU (No.2)

Sign in free to access the full text

Details
AGLC
LEONG & WU (No.2) [2020] FCCA 271
Case
[2020] FCCA 271
Decision Date

CaseChat Overview and Summary

This matter concerned an application filed on 14 January 2020 by Leong & Wu (No.2) in the Federal Court of Australia. The precise nature of the dispute between the parties is not detailed in the provided text, however, the court was required to consider the application and make a determination regarding its future progression.

The central legal issue before Judge Harman was whether the application filed by Leong & Wu (No.2) should proceed. This involved an assessment of the application's merits and its readiness for hearing, leading to a decision on whether to retain it on the court's active list or to remove it.

Judge Harman ordered that the application filed on 14 January 2020 be dismissed. Consequently, all issues associated with this application were removed from the list of cases awaiting hearing.

Orders

Orders of the court

1.

Dismiss the Application in a Case filed 14 January 2020.

2.

Remove all issues from the list of cases awaiting hearing.

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.