Miedis & Miedis

Case [2020] FamCAFC 301


FAMILY COURT OF AUSTRALIA

MEADIS & MEADIS AND ORS [2020] FamCAFC 301
FAMILY LAW – APPEAL – PARENTING – Where the primary judge affirmed interim parenting orders and a costs order made by a Senior Registrar – Where the appellant father challenged that decision – Family violence perpetrated upon the mother for which the father is imprisoned – Privilege – Admissibility of redacted transcripts of the father’s telephone calls during his incarceration – Where it was open for the primary judge to admit transcripts – Adequacy of reasons – Procedural fairness – Errors of fact – Errors of law – Weight challenge as to the views of the children – No error identified – Appeal dismissed – Father to pay the mother’s costs in a fixed amount.

Evidence Act 1995 (Cth) ss 117, 118, 119, 120, 122, 126K, 134
Evidence Act 1995 (NSW) Pt 3.10
Family Law Act 1975 (Cth) Pt VII, ss 4AB, 65DAC, 69ZX, 102H
Powers of Attorney Act 2014 (Vic) s 63
Trade Practices Act 1974 (Cth)

Family Law Rules 2004 (Cth) r 18.10

Family Law Regulations 1984 (Cth) Sch 9A, reg 12CE

Concrete Pty Ltd v Parramatta Design & Developments Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Conway v The Queen (2002) 209 CLR 203; [2002] HCA 2
Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543; [2002] HCA 49
De Winter and De Winter (1979) FLC 90-605
Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67
Lane & Nichols (2016) FLC 93-750; [2016] FamCAFC 234
Meadis & Meadis and Ors [2019] FamCAFC 146
Pratt Holdings Pty Ltd v Commissioner of Taxation (2004) 207 ALR 217; [2004] FCAFC 122
R v Rogerson; R v McNamara (No. 31) [2016] NSWSC 195
Royal Guardian Mortgage Management Pty Ltd v Nguyen (2016) 332 ALR 128; [2016] NSWCA 88
Zanda & Zanda (2014) FLC 93-607; [2014] FamCAFC 173
APPELLANT: Mr Meadis
FIRST RESPONDENT: Ms Meadis
SECOND RESPONDENT: Mr G Meadis
THIRD RESPONDENT: Ms H Meadis
INDEPENDENT CHILDREN’S LAWYER: Joliman Lawyers
FILE NUMBER: MLC 11834 of 2016
APPEAL NUMBER: SOA 67 of 2020
DATE DELIVERED: 27 November 2020
PLACE DELIVERED: Newcastle
PLACE HEARD: Melbourne (via video link)
JUDGMENT OF: Aldridge, Austin & Tree JJ
HEARING DATE: 27 November 2020
LOWER COURT JURISDICTION: Family Court of Australia
LOWER COURT JUDGMENT DATE: 16 July 2020
LOWER COURT MNC: [2020] FamCA 543

REPRESENTATION

THE APPELLANT: Self-represented litigant

COUNSEL FOR THE FIRST

RESPONDENT:

Mr Testart with Ms Renou

SOLICITOR FOR THE FIRST

RESPONDENT:

Harris Lieberman Solicitors Pty Ltd
THE SECOND RESPONDENT: Did not participate in the appeal
THE THIRD RESPONDENT: Did not participate in the appeal
THE INDEPENDENT CHILDREN’S LAWYER: Joliman Lawyers (did not participate in the appeal)

Orders made on 27 November 2020

  1. Appeal no. SOA 67 of 2020 be dismissed.

  2. The appellant shall pay the respondent’s costs of and incidental to the appeal, fixed in the sum of $11,931.60, which sum…

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AGLC
Miedis & Miedis [2020] FamCAFC 301
Case
[2020] FamCAFC 301
Decision Date

CaseChat Overview and Summary

The appeal before the court involved the appellant, the father, challenging the decision of the primary judge, which upheld interim parenting orders and a costs order made by a Senior Registrar. The mother, who was the respondent, had alleged family violence perpetrated by the father, for which he was imprisoned. The father's appeal raised several issues, including the admissibility of redacted transcripts of his telephone calls made during incarceration, the adequacy of the primary judge's reasons, procedural fairness, errors of fact and law, and a challenge to the weight given to the children's views.

The court found that it was open to the primary judge to admit the transcripts, as the privilege did not extend to conversations made by the father while in prison. Furthermore, the court found that the primary judge's reasons were adequate and did not identify any procedural unfairness, errors of fact or law. The court also found that the primary judge appropriately considered the children's views and gave them the appropriate weight.

The appeal was dismissed, and the father was ordered to pay the mother's costs of the appeal, fixed in the sum of $11,931.60, to be paid from the appellant's share of the trust funds held for the parties in National Australia Bank account number…96. The form of the order is subject to the entry of the order in the Court’s records. The Chief Justice approved the publication of this judgment under the pseudonym Meadis & Meadis and Ors, pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth). 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).

Orders

Orders of the court

Orders made on 27 November 2020

1. Appeal no. SOA 67 of 2020 be dismissed.

2. The appellant shall pay the respondent’s costs of and incidental to the appeal, fixed in the sum of $11,931.60, which sum is to be paid from the appellant’s share of the trust funds held for the parties in National Australia Bank account number …96.

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 Meadis & Meadis and Ors 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).

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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