FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Monfort & Bade (No 5) [2024] FedCFamC1F 189
File number(s): BRC 4638 of 2014 Judgment of: HOWARD J Date of judgment: 25 March 2024 Catchwords: FAMILY LAW – PROPERTY – Vexatious litigant – Application for leave to institute proceedings – Proposed proceedings for a stay of orders – Application for leave to institute proceedings dismissed. Legislation: Family Law Act 1975 (Cth) Cases cited: Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106
Darley (No 4) [2023] FedCFamC1A 158
Monfort & Bade [2024] FedCFamC1F 16
Monfort & Bade(No 3) [2024] FedCFamC1F 169
Monfort & Bade (No 4) [2024] FedCFamC1F 181
Monfort [2024] FedCFamC1A 23 (Full Court)
Monfort (No 2) [2024] FedCFamC1A 27 (Full Court)
Valdez & Frazier [2018] FamCA 873
Division: Division 1 First Instance Number of paragraphs: 30 Date of hearing: Determined in Chambers on the papers on 25 March 2024. Place: Brisbane (Chambers) Counsel for the applicant: Litigant in person Solicitor for the first respondent: National Legal Counsel for the second respondent: Ms Downes Solicitor for the second respondent: Ellison Moschella & Co ORDERS
BRC 4638 of 2014 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS MONFORT
Applicant
AND: MR BADE
First Respondent
MR FLANNAN
Second Respondent
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
25 MARCH 2024
THE COURT ORDERS THAT:
1.The Application in a Proceeding filed by the applicant wife on 18 March 2024 (the application seeking leave to file an application for a stay of orders made on 1 March 2024) 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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Monfort & Bade has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HOWARD J
There is an extensive history to this litigation. In the Reasons for Judgment delivered on 25 January 2024 (Monfort & Bade [2024] FedCFamC1F 16) the Court has already provided details of the history of litigation. In the interests of brevity I do not propose to restate the history of the litigation.
On 25 January 2024 at the same time that the Reasons for Judgment were delivered – the Court made a Vexatious Proceedings Order against the wife (Ms Monfort).
On 1 March 2024 the matter was listed before me and I heard further submissions from the…
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CaseChat Overview and Summary
The court found that the applicant's affidavit did not clearly disclose all relevant facts known to her, though it leaned towards accepting that the affidavit complied with the requirements of section 102QE(3)(c). The court noted that the distinction between sections 102QF(2) and 102QG(4) was critical in its analysis, with the former imposing an obligation to dismiss vexatious proceedings and the latter requiring the applicant to satisfy the court that the proceedings were not vexatious. The court applied the principles from Darley (No 4) to understand these distinctions and considered the applicant's prospects of success in the proposed stay application. The court found that the applicant had not discharged the onus to establish a proper basis for a stay, as outlined in Aldridge & Keaton (Stay Appeal).
Based on the findings, the court dismissed the application for leave to institute the stay application. The court concluded that the proceedings were vexatious and thus dismissed the application under section 102QF(2). The court emphasized the importance of the applicant meeting the necessary criteria to avoid dismissal. The decision was made in accordance with the statutory provisions and relevant case law, ensuring that the court's discretion was exercised appropriately.
Orders
Orders of the court
BRC 4638 of 2014
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS MONFORT
Applicant
AND:
MR BADE
First Respondent
MR FLANNAN
Second Respondent
ORDER MADE BY:
HOWARD J
DATE OF ORDER:
25 MARCH 2024
THE COURT ORDERS THAT:
1. The Application in a Proceeding filed by the applicant wife on 18 March 2024 (the application seeking leave to file an application for a stay of orders made on 1 March 2024) 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 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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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