Najar & Bata (No 2) - [2025] FedCFamC2F 690

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Najar & Bata (No 2) [2025] FedCFamC2F 690

File number(s): PAC 2262 of 2022

Judgment of: JUDGE STREET

Date of judgment: 2 May 2025

Catchwords: FAMILY LAW – Contravention application – respondent father convicted of counts 1 to 12 of the contravention application – stood over for sentencing.

Legislation:
Family Law Act 1975 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)

Cases cited:
Forlan & Forlan (No 2) [2017] FamCA 936

Panno & Panno [2018] FamCAFC 195

Division: Division 2 Family Law

Number of paragraphs: 32

Date of hearing: 2 May 2025

Place: Sydney

Solicitor for the Applicant: Ms K Ziayee of Supreme Justice Layers

For the Respondent: The Respondent appeared via video/audio-link
ORDERS

PAC 2262 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS BATA

Applicant

AND:
MR NAJAR

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

2 MAY 2025

THE COURT ORDERS THAT:
1.In respect of counts 1-12 of the contravention application filed 20 March 2025, the Court convicts the respondent father on each count.
2.The respondent father is directed to file and serve any affidavit evidence that he wishes to rely, in respect of sentencing, on or before 6 June 2025.
3.The matter is stood over for sentencing at 10:00 am on 21 July 2025 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court Australia Act 2021 (Cth).
4.Leave is granted to the parties to file and serve written submissions seven (7) days prior to the hearing.
5.The applicant mother is directed to send a letter to the respondent father identifying the nature of each order if not identified in the existing application that the mother seeks within 14 days of today’s date.

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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of 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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
JUDGE STREET

This is an application for contravention under Division 13 of the Family Law Act 1975 (Cth) (“the Act”) that was filed on 20 March 2025, supported by an affidavit of the applicant mother (“the mother”). The counts in the contravention application are as follows:
Count 1: The father drove past the mother…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Najar & Bata (No 2)

Details

AGLC: Najar & Bata (No 2) [2025] FedCFamC2F 690
Case: [2025] FedCFamC2F 690
Decision Date: 2 May 2025

CaseChat Overview and Summary

Ms. Bata, the applicant, filed a contravention application against Mr. Najar, the respondent, and the matter was heard in the Federal Circuit and Family Court of Australia. Ms. Bata alleged that Mr. Najar contravened various orders made under the Family Law Act 1975 (Cth). The court was required to determine whether Mr. Najar had contravened the specified orders and, if so, what the appropriate legal consequences should be.

The court found that Mr. Najar had contravened the orders on counts 1 to 12 of the contravention application. The legal issues primarily concerned the interpretation of the orders and whether Mr. Najar had breached them. The court examined the evidence presented by Ms. Bata, including affidavits and witness statements, and concluded that the evidence was sufficient to support the convictions on all counts. The court also considered the submissions made by both parties regarding sentencing and the appropriate form of penalty.

In its reasoning, the court detailed the specific contraventions and the evidence supporting each count. The court found that Mr. Najar had failed to comply with various parenting orders, financial orders, and other directives outlined in the Family Law Act. The court emphasised the importance of adherence to court orders in family law matters and the consequences of non-compliance. Sentencing was deferred to allow for further submissions and evidence to be presented. The court set out a timeline for the respondent to file any affidavit evidence and granted leave for written submissions from both parties.

The court made several orders, including convicting Mr. Najar on counts 1 to 12 of the contravention application. It directed Mr. Najar to file any affidavit evidence for sentencing by a specific date and stood the matter over for sentencing. The court also allowed the parties to submit written arguments and directed Ms. Bata to inform Mr. Najar of any additional orders she sought. The form of the order was subject to review and potential variation as per the relevant court rules.

Orders

Orders of the court

PAC 2262 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS BATA

Applicant

AND:

MR NAJAR

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

2 MAY 2025

THE COURT ORDERS THAT:

1. In respect of counts 1-12 of the contravention application filed 20 March 2025, the Court convicts the respondent father on each count.

2. The respondent father is directed to file and serve any affidavit evidence that he wishes to rely, in respect of sentencing, on or before 6 June 2025.

3. The matter is stood over for sentencing at 10:00 am on 21 July 2025 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court Australia Act 2021 (Cth).

4. Leave is granted to the parties to file and serve written submissions seven (7) days prior to the hearing.

5. The applicant mother is directed to send a letter to the respondent father identifying the nature of each order if not identified in the existing application that the mother seeks within 14 days of today’s date.

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).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number(s):	PAC 2262 of 2022
Judgment of:	JUDGE STREET
Date of judgment:	2 May 2025
Catchwords:	FAMILY LAW – Contravention application – respondent father convicted of counts 1 to 12 of the contravention application – stood over for sentencing.
Legislation:	Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited:	Forlan & Forlan (No 2) [2017] FamCA 936 Panno & Panno [2018] FamCAFC 195
Division:	Division 2 Family Law
Number of paragraphs:	32
Date of hearing:	2 May 2025
Place:	Sydney
Solicitor for the Applicant:	Ms K Ziayee of Supreme Justice Layers
For the Respondent:	The Respondent appeared via video/audio-link

PAC 2262 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS BATA Applicant
AND:	MR NAJAR Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	2 MAY 2025