FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Lim & Zong (No 3) [2024] FedCFamC1A 118
Appeal from: Lim & Zong [2024] FedCFamC2F 639 Appeal number: NAA 110 of 2024 File number: BRC 1832 of 2023 Judgment of: AUSTIN J Date of judgment: 17 July 2024 Catchwords: FAMILY LAW – APPEAL – Parenting – Where the father appeals against orders made by a judge dismissing his application to re-open proceedings – Where the father could not establish before the trial judge any material change in circumstances pursuant to the principles in Rice & Asplund (1979) FLC 90-725 – Where the father’s asserts he was denied procedural fairness – Where procedural fairness is concerned with the fairness of the process, not the fairness of the outcome – Where this ground fails – Where the husband’s complaints of errors of law and fact by the primary judge fail – Where the father contends the primary judge failed to find that the mother’s evidence was misleading – Where the mother’s evidence comprised only uncontroversial events and personal feelings – Where the husband’s complaint of inadequate reasons fails – Appeal dismissed – Where the mother was self-represented in the appeal and made no application for costs. Legislation: Family Law Act 1975 (Cth) Pt VII, ss 60CC, 65D, 65DAAA Cases cited: Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40
Coal & Allied Operations Pty Ltd v AIRC (2000) 203 CLR 194; [2000] HCA 47
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Lim & Zong (2020) FLC 93-939; [2020] FamCAFC 20
Lim & Zong [2022] FedCFamC1A 146
Lim v Zong & Anor [2023] HCASL 10
Marsden v Winch (2009) 42 Fam LR 1; [2009] FamCAFC 152
Miller v Harrington (2008) 39 Fam LR 654; [2008] FamCAFC 150
Rice v Asplund (1979) FLC 90-725; [1979] FamCA 80
SPS v PLS (2008) FLC 93-363; [2008] FamCAFC 16
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152; [2006] HCA 63
Zong & Lim [2022] FedCFamC2F 196
Number of paragraphs: 58 Date of hearing: 15 July 2024 Place: Newcastle (via MS Teams) The Appellant: Litigant in person The Respondent: Litigant in person ORDERS
NAA 110 of 2024
BRC 1832 of 2023FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR LIM
Appellant
AND: MS ZONG
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
17 JULY 2024
THE COURT ORDERS THAT:
1.The Amended Notice of Appeal filed on 24 June 2024 is dismissed.
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).
IT IS…
Continue reading Lim & Zong (No 3)
Sign in free to access the full text
- AGLC
- Lim & Zong (No 3) [2024] FedCFamC1A 118
- Case
- [2024] FedCFamC1A 118
- Decision Date
CaseChat Overview and Summary
Austin J held that the appeal was dismissed as Mr Lim failed to establish any material change in circumstances warranting a re-opening of the proceedings. The judge noted that the mother's evidence comprised only uncontroversial events and personal feelings, and therefore did not contain misleading statements. Additionally, the court held that procedural fairness was concerned with the fairness of the process, not the fairness of the outcome. The court found that the primary judge allowed Mr Lim ample opportunity to present his evidence and arguments, thus ensuring procedural fairness. Furthermore, the court found no merit in Mr Lim's complaints about alleged errors of law and fact by the primary judge, as well as his contention that the primary judge failed to provide adequate reasons for the dismissal of his application.
The appeal was ultimately dismissed, and no orders were made in relation to costs as Ms Zong, the respondent, was self-represented and did not apply for costs. The Federal Circuit and Family Court of Australia confirmed the dismissal of the amended notice of appeal filed by Mr Lim on 24 June 2024.
Orders
Orders of the court
NAA 110 of 2024
BRC 1832 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR LIM
Appellant
AND:
MS ZONG
Respondent
ORDER MADE BY:
AUSTIN J
DATE OF ORDER:
17 JULY 2024
THE COURT ORDERS THAT:
1. The Amended Notice of Appeal filed on 24 June 2024 is dismissed.
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).
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.