Markwell & Ranwick (No 2)

Case [2023] FedCFamC2F 846


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Markwell & Ranwick (No 2) [2023] FedCFamC2F 846

File number(s): CAC 1533 of 2014
Judgment of: JUDGE W J NEVILLE
Date of judgment: 13 July 2023
Catchwords: FAMILY LAW - Parenting – stay application prior to appeal – Mother’s consistent failure to provide details regarding the Grounds of Appeal (e.g. no reference to any paragraph in the judgment under appeal, or any particulars provided) made the Application almost futile and an abuse of process – Application almost an exercise in a guessing game to work out what the Mother was alleging and the evidence relied upon – long history of contest between the parties including the Mother’s almost incessant need to litigate and to rely upon arguments and material that is patently inaccurate if not false – Application dismissed with costs but which are stayed pending the finalisation of the Appeal.
Legislation:  Family Law Act 1975 (Cth), s.117(2)
Cases cited:

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106

Anderson v Senior (Stay Appeal) [2013] FamCAFC 152 (2013) 279 FLR 399; (2014) 50 Fam LR 21
CDJ v VAJ (1998) 197 CLR 172
Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577
Gronow & Gronow (1979) 144 CLR 513
Jennings Construction Ltd v Burgundy Royale Investments Pty Limited [1986] HCA 84; (1986) 161 CLR 681
K & B [2006] FamCA 848; (2006) FLC 93-288.

Michael Wilson & Partners Limited v Nicholls (2011) 244 CLR 427

Sigley v Evor (2011) 44 Fam LR 439

Smits v Roach (2006) 227 CLR 423

Stephens v Stephens (2011) 44 Fam LR 117

Vakauta v Kelly (1989) 167 CLR 568

Division: Division 2 Family Law
Number of paragraphs: 53
Date of hearing: 3 July 2023
Place:  Canberra
The Applicant  Self-represented
Solicitor for the Respondent:  Chamberlains Law Firm

ORDERS

CAC 1533 of 2014

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS MARKWELL

Applicant

AND:

MR RANWICK

Respondent

order made by:

JUDGE W J NEVILLE

DATE OF ORDER:

13 JULY 2023

THE COURT ORDERS THAT:

1.The Application in a Proceeding filed 23rd June 2023 by the Applicant be dismissed.

2.The Applicant must pay the costs of the Respondent fixed in the sum of $2,093.62 by no later than 4.00 pm on 11 October 2023.

3.Order 2 is stayed by the Court pending the finalisation of the Appeal.  If the Appeal is dismissed, the 90 days for the payment of costs shall run from the date of the dismissal of the Appeal.

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).

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Markwell & Ranwick (No 2) [2023] FedCFamC2F 846
Case
[2023] FedCFamC2F 846
Decision Date

CaseChat Overview and Summary

In Markwell & Ranwick (No 2) the court dismissed the mother's stay application. The mother had appealed the May 2023 judgment, and then sought to stay the orders pending the appeal. The court found that the mother's stay application was procedurally deficient and lacked detail, making it difficult for the father and the court to ascertain what claims the mother was making. The mother's appeal grounds were devoid of particulars or references to the May 2023 judgment, and her affidavit and submissions were brief and lacked comprehensive attention to the details. The court found that the mother's appeal was unlikely to succeed, and that the stay application was an abuse of process. The court ordered the mother to pay the father's costs, but stayed the order pending the outcome of the appeal.

Orders

Orders of the court

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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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