FAMILY COURT OF AUSTRALIA
| LIETZAU & LIETZAU | [2020] FamCAFC 149 |
| FAMILY LAW – APPLICATION IN AN APPEAL – REOPEN HEARING – LEAVE TO APPEAL – Where there was no demonstrable misunderstanding by the judge who heard the application for leave to appeal of a material aspect of the applicant’s case – Where there is no relevant change of circumstances – Where there is no basis for leave to be given to reopen the application for leave to appeal – Where leave is required if the order is an interlocutory order as to a matter of practice and procedure – Where here there is no doubt that the order or rather the refusal to make the order was an interlocutory order as to a matter of practice and procedure despite the parenting orders sought in the substantive proceedings – Where leave to appeal is required – Application in an Appeal dismissed. |
| Family Law Act 1975 (Cth) Pt VII and ss 4, 11F, 94AA(1), 94AAA(1A) Civil Procedure Rules 1998 (UK) r 52.30 Family Law Regulations 1984 (Cth) regs 15A(1) and (2) Family Law Rules 2004 (Cth) r 13.07A |
| Hart & Selwood (2016) FLC 93-753; [2016] FamCAFC 254 |
| APPLICANT: | Mr Lietzau |
| RESPONDENT: | Ms Lietzau |
| FILE NUMBER: | WEA | 7L | of | 2019 |
| APPEAL NUMBER: | PTW | 1898 | of | 2017 |
| DATE DELIVERED: | 22 June 2020 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Perth |
| JUDGMENT OF: | Strickland J |
| HEARING DATE: | 29 January 2020 |
| LOWER COURT JURISDICTION: | Family Court of Western Australia |
| PREVIOUS APPEAL JUDGMENT DATE: | 24 August 2018 |
| PREVIOUS APPEAL JUDGMENT MNC: | [2018] FamCAFC 167 |
REPRESENTATION
| THE APPLICANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Ms Johnson |
| SOLICITORS FOR THE RESPONDENT: | Kim Wilson & Co |
Orders
The Application in an Appeal filed on 19 December 2019 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lietzau & Lietzau has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| THE APPELLATE JURISDICTION OF THE FAMILY COURT OF AUSTRALIA AT PERTH |
Appeal Number: WEA 7L of 2018
File Number: PTW 1898 of 2017
| Mr Lietzau |
Applicant
And
| Ms Lietzau |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the court is an Application in an Appeal filed by Mr Lietzau (“the father”)…
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- Case
- [2020] FamCAFC 149
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred around the interpretation and application of procedural rules in the context of an appeal. The court was required to determine whether the appellant had complied with the necessary procedural requirements to maintain the appeal and whether any errors in the initial proceedings warranted a review or a dismissal of the appeal. The focus was on whether the procedural shortcomings could be rectified or if they were fatal to the appeal itself.
The court, after reviewing the submissions and the relevant procedural rules, concluded that the appellant had not adequately met the procedural requirements necessary to sustain the appeal. The court found that the procedural errors were significant and could not be rectified without fundamentally altering the nature of the appeal. Consequently, the court dismissed the application in the appeal. The decision was grounded on the principle that procedural rules are essential to maintaining the integrity of the judicial process, and any substantial non-compliance could result in the dismissal of the appeal.
The final order was that the application in the appeal filed on 19 December 2019 be dismissed. The form of the order is subject to the entry of the order in the Court’s records, indicating that while the decision is final, the exact wording and form may be adjusted slightly for administrative purposes.
Orders
Orders of the court
1.
The Application in an Appeal filed on 19 December 2019 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
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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