Meadows & Meadows (No. 7)

[2021] FamCA 212

FAMILY COURT OF AUSTRALIA

Meadows & Meadows (No. 7) [2021] FamCA 212

File number(s):	PAC 3509 of 2013
Judgment of:	REES J
Date of judgment:	19 April 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Vexatious litigant order – Application for leave to institute proceedings – Where it is not in the interests of justice to delay this matter further – Application dismissed.
Legislation:	Family Law Act 1975 (Cth) ss 102QD, 102QE
Number of paragraphs:	10
Date of hearing:	16 April 2021
Place:	Sydney
Applicant:	Litigant in person
Respondent:	Litigant in person

ORDERS

PAC 3509 of 2013

BETWEEN:

MS MEADOWS

Applicant

AND:

MR MEADOWS

Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	16 APRIL 2021

THE COURT ORDERS:

1.That the application of the wife dated 12 March 2021, seeking leave pursuant to s 102QE(2) of the Family Law Act 1975 (Cth) to institute proceedings, 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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Meadows & Meadows has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Rees J:

1. On 20 November 2020, the following orders were made in proceedings between Ms Meadows (“the wife”) and Mr Meadows (“the husband”).

   3.That in relation to the application filed by the wife on 22 July 2020, seeking orders pursuant to section 68B of the Family Law Act 1975 (Cth):

   (a)The wife, not later than 4 pm on 18 January 2021, file and serve all affidavit material upon which she seeks to rely, noting that the wife will be permitted to rely on one affidavit only by herself and one affidavit only of each other witness.

   (b)That not later than 4 pm on 18 March 2021, the husband file and serve a response and all affidavit material upon which he seeks to rely, noting that the husband will be permitted to rely on one affidavit only by himself and one affidavit only of each other witness.

   (c)That no other affidavits are to be filed without the leave of the Court first obtained.

   (d)That the matter be listed for call-over and the allocation of a hearing date on 16 April 2021.

2. An order was made on 14 October 2020 pursuant to s 102QD of the Family Law Act 1975 (Cth) which restrained the wife from initiating proceedings without leave of the Court first being given.

3. The wife, by an application dated 12 March 2021, now seeks leave to make an application to file further affidavits in relation to new allegations of family and domestic violence.

4. The wife relied upon an affidavit sworn on 12 March 2021 of some 83 paragraphs and, with annexures comprising 37 pages.

5. In the call-over on 16 April 2021, I advised the wife that leave would not be granted to file the application and that reasons for the decision would be given in writing.

6. These proceedings have been on foot since 22 July 2020 and the timetable for the filing of affidavits has been followed.

7. In the event that the wife were permitted to file further evidence, the husband would necessarily be given further time in which to file any evidence dealing with matters which arose after 18 January 2021.

8. The Court is in a position to hear this matter on 12 May 2021. That date would not be appropriate if there is to be a further delay in the proceedings to allow the husband to respond to fresh affidavit material filed by the wife.

9. It is not in the interests of justice to delay this matter further.

10. Leave will not be granted for the wife to file the application. 

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rees.

Associate:

Dated:       19 April 2021