Monfort & Bade

Ms Monfort and Mr Bade's complex family law dispute has been the subject of litigation since 2014. The case reached a resolution in 2017 when the Federal Circuit and Family Court of Australia made final property orders in their favour. Despite the wife's unsuccessful appeal against these orders, she continued to pursue legal action against the husband and the appointed trustee for sale, Mr Flannan. The court had to determine the validity of the wife's complaints against the trustee and decide whether she was engaging in vexatious litigation.

The court found that the wife's complaints about the conduct of the trustee were without merit. It was evident that she had employed delaying tactics and obstructed the sale of one of the properties. The wife's persistent and repetitive litigation against the husband, the trustee, and their legal representatives led the court to declare her a vexatious litigant under section 102QB(2)(b) of the Family Law Act 1975 (Cth). Given that the final property orders remained capable of being carried into effect, the court dismissed the wife's amended application and imposed costs.

The Federal Circuit and Family Court of Australia made several orders to address the wife's vexatious conduct. Firstly, the wife's amended application was dismissed. Secondly, all extant applications she had instituted against the husband, the trustee, and their legal representatives were dismissed. Thirdly, the wife was prohibited from instituting further proceedings against the husband or the trustee without first obtaining leave to do so. Additionally, the court granted the trustee the liberty to apply for further directions if necessary. The court also mandated that the trustee submit draft orders to the court and the parties within fourteen days of the judgment, with the parties having seven days to comment on the draft orders. The court will issue the final orders once the comment period has elapsed, irrespective of whether the wife or the husband respond.

This decision underscores the court's commitment to preventing vexatious litigation and ensuring that final property orders are enforced effectively. The court's orders aim to protect the husband, the trustee, and their legal representatives from the wife's continued legal challenges.