Monette and Monette

[2019] FamCA 513

FAMILY COURT OF AUSTRALIA

MONETTE & MONETTE [2019] FamCA 513

FAMILY LAW – PRACTICE AND PROCEDURE – Stay of proceedings

Family Law Act 1975 (Cth)

Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55

Henry & Henry [1996] HCA 51
Pierson & Romilly [2019] FamCA 259

Lan & Hao (No. 2) [2017] FamCAFC 175

APPLICANT: Ms Monette

RESPONDENT: Ms Monette

FILE NUMBER: SYC 6936 of 2013

DATE DELIVERED: 2 August 2019

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Henderson J

HEARING DATE: 18 June 2019

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Batey

SOLICITOR FOR THE APPLICANT: Vizzone Ruggero Twigg Lawyers

COUNSEL FOR THE RESPONDENT: Ms Alexandre-Hughes

SOLICITOR FOR THE RESPONDENT: Dezarnaulds Basten

Orders

1. The wife’s Initiating Application filed 8 June 2017 is stayed permanently.

2. All associated Applications in a Case are dismissed.

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 Monette & Monette 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 SYDNEY

FILE NUMBER: SYC 6936 of 2013

Ms Monette

Applicant

And

Ms Monette

Respondent

REASONS FOR JUDGMENT

1. The matter of Monette was an application by the respondent husband to stay the wife continuing proceedings in Australia.

2. Ms Alexandre-Hughes of Counsel appeared for the husband. Mr Batey of Counsel appeared for the wife.

3. The evidence I read was as follows:

   a)For the husband:

   i)Response, filed 19 June 2017;

   ii)Application in a Case, filed 11 May 2018;

   iii)Affidavits, sworn 21 July 2017, 19 February 2018 and 11 June 2019;

   iv)Affidavit of the husband’s solicitor, Ms A, sworn 20 February 2018, 11 May 2018 and 17 June 2019;

   v)Affidavit of a single expert with witness Ms B, filed 10 September 2018; and

   vi)Husband’s Exhibit 1 was his case outline.

   b)For the wife:

   i)Initiating Application, filed 8 July 2017;

   ii)Response to an Application in a Case, filed 5 December 2018;

   iii)Affidavits of the wife, sworn 5 December 2018 and 18 June 2019;

   iv)Affidavit of Mr F, sworn 5 July and 7 June 2019;

   v)Wife’s Exhibit 1 was her case outline;

   vi)Wife’s Exhibit 2, husband’s Westpac Banking account ending …48; and

   vii)Wife’s Exhibit 3, husband’s Westpac Banking accounts ending in numbers …14.

   c)Court Exhibit 1 was the Affidavit of the Court Expert Ms B dated 10 September 2018.

4. It is the husband’s case that the Court should permanently stay the present proceedings commenced in the Sydney Registry of the Family Court of Australia on 8 June 17 on two grounds.

5. Firstly, that the Australian Court is a clearly inappropriate forum for the following reasons:

   a)A…