Losif & Losif - [2024] FedCFamC1F 106

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Losif & Losif [2024] FedCFamC1F 106

File number(s): BRC 3570 of 2019

Judgment of: BAUMANN J

Date of judgment: 15 February 2024

Catchwords: FAMILY LAW – REVIEW OF SENIOR JUDICIAL REGISTRAR’S DECISION – Parenting – Application for Review dismissed

Legislation: Family Law Act 1975 (Cth) s 67Q

Cases cited:
Losif & Losif [2022] FedCFamC2F 1372

Losif & Losif [2023] FedCFamC1F 1084

Rice & Asplund (1979) FLC 90-725

Division: Division 1 First Instance

Number of paragraphs: 27

Date of hearing: 15 February 204

Place: Brisbane

Solicitor for the Applicant: Litigant in person

Solicitor for the Respondent: Litigant in person
ORDERS

BRC 3570 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR LOSIF

Applicant

AND:
MS LOSIF

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

15 FEBRUARY 2024

THE COURT ORDERS:
1.That the Review Application filed 31 December 2023 be dismissed.
2.That within forty eight (48) hours, and by no later than 4.00pm on 17 February 2024, the mother return the child, Z born 2018 (“the child”) to the father at G Street, Suburb H, Queensland.

THE COURT ORDERS UNTIL FURTHER ORDER:
3.That the Registry of the Court provide the Australian Federal Police with a copy of these Orders and the Reasons for Judgment delivered today.
4.That the Directions Hearing listed before a Judicial Registrar on 19 February 2024 be vacated.
5.That these proceedings be adjourned for Directions Hearing before a Judicial Registrar at 11.30am on 14 March 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Losif & Losif has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
(Settled from the oral reasons delivered)
BAUMANN J:

The parents of the four children, W, now aged 14; X, now aged 12; Y, now aged nine; and Z, born 18 August 2018, now aged five and a half years of age, have been in conflict about parenting arrangements for their children for some time. As a result of the history which I will succinctly give next, a Senior Judicial Registrar made an Order on 29 December 2023, the effect of which was that the mother return the child Z to the care…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Losif & Losif

Details

AGLC: Losif & Losif [2024] FedCFamC1F 106
Case: [2024] FedCFamC1F 106
Decision Date: 15 February 2024

CaseChat Overview and Summary

In the matter of Losif & Losif, the Federal Circuit and Family Court of Australia (Division 1) dealt with a parenting dispute between the parties, Mr Losif and Ms Losif, concerning their child born in 2018. Mr Losif filed an application for review of a decision made by a senior judicial registrar, seeking an order for the return of the child to his care. The court was required to decide whether the senior judicial registrar's decision was correct and whether any further action was necessary to enforce the original parenting order.

The court examined the circumstances surrounding the senior judicial registrar's decision and the merits of Mr Losif's application for review. The court determined that the senior judicial registrar had appropriately exercised their discretion and that the application for review did not present any grounds for altering the existing order. Baumann J found that the senior judicial registrar's decision was sound, and there was no basis for the court to intervene. As a result, the application for review was dismissed, and the existing parenting order remained in effect.

The court ordered that Ms Losif return the child to Mr Losif by a specific time and date, with the Australian Federal Police informed of the court's orders. The court also vacated the upcoming directions hearing and scheduled a new Directions Hearing for March. The court's decision underscored the importance of adhering to existing parenting orders and the limited circumstances in which a review application would succeed.

Orders

Orders of the court

BRC 3570 of 2019

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR LOSIF

Applicant

AND:

MS LOSIF

Respondent

ORDER MADE BY:

BAUMANN J

DATE OF ORDER:

15 FEBRUARY 2024

THE COURT ORDERS:

1. That the Review Application filed 31 December 2023 be dismissed.

2. That within forty eight (48) hours, and by no later than 4.00pm on 17 February 2024, the mother return the child, Z born 2018 (“the child”) to the father at G Street, Suburb H, Queensland.

THE COURT ORDERS UNTIL FURTHER ORDER:

3. That the Registry of the Court provide the Australian Federal Police with a copy of these Orders and the Reasons for Judgment delivered today.

4. That the Directions Hearing listed before a Judicial Registrar on 19 February 2024 be vacated.

5. That these proceedings be adjourned for Directions Hearing before a Judicial Registrar at 11.30am on 14 March 2024 in the Federal Circuit and Family Court of Australia (Division 1) at Brisbane.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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File number(s):	BRC 3570 of 2019
Judgment of:	BAUMANN J
Date of judgment:	15 February 2024
Catchwords:	FAMILY LAW – REVIEW OF SENIOR JUDICIAL REGISTRAR’S DECISION – Parenting – Application for Review dismissed
Legislation:	Family Law Act 1975 (Cth) s 67Q
Cases cited:	Losif & Losif [2022] FedCFamC2F 1372 Losif & Losif [2023] FedCFamC1F 1084 Rice & Asplund (1979) FLC 90-725
Division:	Division 1 First Instance
Number of paragraphs:	27
Date of hearing:	15 February 204
Place:	Brisbane
Solicitor for the Applicant:	Litigant in person
Solicitor for the Respondent:	Litigant in person

BRC 3570 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR LOSIF Applicant
AND:	MS LOSIF Respondent

ORDER MADE BY:	BAUMANN J
DATE OF ORDER:	15 FEBRUARY 2024