FEDERAL CIRCUIT COURT OF AUSTRALIA
| MEALON & MEALON | [2016] FCCA 2805 |
| Catchwords: FAMILY LAW – Practice and Procedure – Vexatious proceedings. |
| Legislation: Family Law Act 1975, ss.102Q, 102QB, 102QE |
| Cases cited: Searle & Pencious [2016] FamCA 135 Attorney-General (New South Wales) v Gargan [2010] NSWSC 1192 |
| Applicant: | MR MEALON |
| Respondent: | MS MEALON |
| File Number: | ADC 491 of 2010 |
| Judgment of: | Judge Kelly |
| Hearing dates: | 9 March 2016 & 28 April 2016 |
| Date of Last Submission: | 28 April 2016 |
| Delivered at: | Adelaide |
| Delivered on: | 1 November 2016 |
REPRESENTATION
| Counsel for the Applicant: | Mr P Heinrich |
| Solicitors for the Applicant: | Adelaide Family Law |
| The Respondent: | In Person |
ORDERS
Pursuant to s.102QB(2)(b) of the Family Law Act 1975 (“the Act”) the Respondent wife is prohibited from instituting any proceedings under the Act against or in relation to the Applicant husband without first being granted leave to commence that proceeding pursuant to s.102QE of the Act.
In the event the Respondent wife is granted leave to institute proceedings, the Court shall consider whether an Order for security of costs should be made, pursuant to s.102QB(2)(c).
Pursuant to s.102QB(2)(a) of the Act the following proceedings are dismissed:
(a)the wife’s amended Response to an Application in a Case filed 4 March 2015;
(b)paragraphs 1 and 4 of the orders sought in the wife’s Application in a Case filed 11 December 2015;
(c)the wife’s Application in a Case filed 12 January 2016; and
(d)the wife’s Initiating Application filed 29 March 2016.
The husband’s Enforcement Warrant is stayed pending further order of the Court.
The wife’s Applications in a Case filed 18 December 2015 and 15 March 2016 are dismissed as finalised.
The parties are invited to make submissions in relation to paragraphs 2 and 3 of the wife’s Application in a Case filed 11 December 2015 and her Application in a Case filed 29 March 2016.
IT IS NOTED that publication of this judgment under the pseudonym Mealon & Mealon is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADC 491 of 2010
| MR MEALON |
Applicant
And
| MS MEALON |
Respondent
REASONS FOR JUDGMENT
Introduction
These proceedings relate to the husband’s Application in a Case filed 23 October 2015 and, in particular, orders sought pursuant to s.102QB(2) and (3) seeking that the wife in these proceedings be declared a vexatious litigant and be restrained from instituting further proceedings under the Family Law Act1975. Not surprisingly, the wife opposes the Application and indeed, has filed further interim proceedings herself which she seeks to pursue.
Background
The parties were engaged in lengthy property proceedings which were finally resolved by Consent Orders entered into on 29 November 2011 (“the 2011 final Orders”). Various difficulties subsequently arose with the implementation of those orders, which lead to each party filing interim Applications in early 2012.
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- AGLC
- Mealon and Mealon [2016] FCCA 2805
- Case
- [2016] FCCA 2805
- Decision Date
CaseChat Overview and Summary
The Court was required to determine whether to prohibit the Respondent wife from instituting further proceedings under the *Family Law Act 1975* without leave, and to consider whether an order for security of costs should be made if leave were granted. Additionally, the Court had to consider the dismissal of various applications filed by the wife.
Judge Kelly applied provisions of the *Family Law Act 1975*, specifically sections 102QB(2)(a), (b), and (c). The Court ordered that the Respondent wife be prohibited from instituting further proceedings under the Act against the Applicant husband without first obtaining leave pursuant to section 102QE. The Court also dismissed several of the wife's applications, including her amended Response and various Applications in a Case and Initiating Applications. The husband's Enforcement Warrant was stayed pending further order. The Court invited submissions regarding specific paragraphs of two of the wife's applications.
Orders
Orders of the court
1.
Pursuant to s.102QB(2)(b) of the Family Law Act 1975 (“the Act”) the Respondent wife is prohibited from instituting any proceedings under the Act against or in relation to the Applicant husband without first being granted leave to commence that proceeding pursuant to s.102QE of the Act.
2.
In the event the Respondent wife is granted leave to institute proceedings, the Court shall consider whether an Order for security of costs should be made, pursuant to s.102QB(2)(c).
3.
Pursuant to s.102QB(2)(a) of the Act the following proceedings are dismissed:
(a) the wife’s amended Response to an Application in a Case filed 4 March 2015;
(b) paragraphs 1 and 4 of the orders sought in the wife’s Application in a Case filed 11 December 2015;
(c) the wife’s Application in a Case filed 12 January 2016; and
(d) the wife’s Initiating Application filed 29 March 2016.
4.
The husband’s Enforcement Warrant is stayed pending further order of the Court.
5.
The wife’s Applications in a Case filed 18 December 2015 and 15 March 2016 are dismissed as finalised.
6.
The parties are invited to make submissions in relation to paragraphs 2 and 3 of the wife’s Application in a Case filed 11 December 2015 and her Application in a Case filed 29 March 2016.
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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