Matthews and Norris

[2018] FamCA 341

FAMILY COURT OF AUSTRALIA

MATTHEWS & NORRIS [2018] FamCA 341

FAMILY LAW – CONTEMPT – Where the mother alleges the father misled the Court in prior proceedings concerning their child – Where the father denies the allegations – Concluded the mother’s Application does not appear to enjoy any prospects of success and should therefore be summarily dismissal – Ordered the wife’s application dismissed

Crimes Act 1914 (Cth) s 35
Family Law Rules 2004 (Cth) rr 1.10, 10.12

Allesch v Maunz (2000) 203 CLR 172
Lindon v Commonwealth of Australia (No.2) (1996) 136 ALR 251
Matthews & Norris(No.3) [2017] FamCA 461
Norris & Matthews (2017) FLC 93-810
Northern Territory of Australia v GPAO (1999) 196 CLR 553
Re: Colina; ex parte Torney (1999) 200 CLR 386
Spencer v Commonwealth of Australia (2010) 241 CLR 118
Williams v Spautz (1992) 174 CLR 509

APPLICANT: Mr Matthews

RESPONDENT: Ms Norris

FILE NUMBER: NCC 2226 of 2015

DATE DELIVERED: 9 May 2018

PLACE DELIVERED: Newcastle

PLACE HEARD: Newcastle

JUDGMENT OF: Austin J

HEARING DATE: 9 May 2018

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Flintoff

SOLICITOR FOR THE APPLICANT: Oliver Campbell Heslop Lawyers

COUNSEL FOR THE RESPONDENT: Not Applicable

SOLICITOR FOR THE RESPONDENT: Not Applicable

Orders

1. The Application-Contempt filed on 8 March 2018 is dismissed with no order as to costs.

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 Matthews & Norris 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).

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: NCC 2226 of 2015

Mr Matthews

Applicant

And

Ms Norris

Respondent

EX TEMPORE

REASONS FOR JUDGMENT

1. Pending before the Court is an Application-Contempt filed by the mother on 8 March 2018, in support of which she relies upon her affidavit filed on the same date. 

2. Cursory examination of the Application reveals she alleges the father misled the Court in prior proceedings concerning their only child under Part VII of the Family Law Act 1975 (Cth) (“the Act”), for which perjury she presumably wants the father sanctioned.

3. The father denies he gave false evidence and resists the mother’s application. He seeks its summary dismissal and, for reasons I shall shortly explain, the mother’s Application should be dismissed.

4. There is no point making an order for costs in the father’s favour, even if it would be warranted, since the mother is an undischarged bankrupt who lives in New Zealand, so there is very little prospect it could be enforced. 

Background

1. On 30 June 2017, I pronounced final orders between the parties in respect of their only…