Najar & Bata (No 3) - [2025] FedCFamC2F 1016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Najar & Bata (No 3) [2025] FedCFamC2F 1016

File number(s): PAC 2262 of 2022

Judgment of: JUDGE STREET

Date of judgment: 21 July 2025

Catchwords: FAMILY LAW - CONTRAVENTION - sentenced to twelve concurrent nine-month bonds – no basis for pecuniary penalty or imprisonment

Legislation: Family Law Act 1975 (Cth)

Cases cited:
Adelstein & Byron [2024] FedCFamC2F 1253

Galvis & Galvis [2024] FedCFamC1A 123

Langer & Griffin [2013] FamCAFC 170

Division: Division 2 Family Law

Number of paragraphs: 34

Date of hearing: 21 July 2025

Place: Sydney

For the Applicant: The Applicant appeared via visual/audio link

Solicitor for the Respondent: Ms K Ziayee of Supreme Justice Lawyers

ORDERS

PAC 2262 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR NAJAR

Applicant

AND:
MS BATA

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

21 JULY 2025

THE COURT ORDERS THAT:
1. By close of business, on or before 28 July 2025, the respondent father shall enter into the following twelve concurrent bonds:
1.1 - In respect of the contravention 1, that occurred on 29 October 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.2 - In respect of contravention 2, that occurred on 30 October 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.3 - In respect of contravention 3, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.4 - In respect of contravention 4, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024). 3
1.5 - In respect of contravention 5, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.6 - In respect of contravention 6, that occurred on 1 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.7 - In respect of contravention 7, that occurred on 24 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.8 - In respect of contravention 8 that occurred on 30 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).
1.9 - In respect of contravention 9 that…

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 3)

Details

AGLC: Najar & Bata (No 3) [2025] FedCFamC2F 1016
Case: [2025] FedCFamC2F 1016
Decision Date: 21 July 2025

CaseChat Overview and Summary

This case involved a dispute between Mr Najar and Ms Bata concerning parenting arrangements for their child. The matter was heard in the Federal Circuit and Family Court of Australia, Division 2. The primary issue before the court was the imposition of bonds and penalties against Mr Najar for multiple contraventions of parenting orders. The court had to determine the appropriate sanctions for Mr Najar's repeated failure to comply with the parenting orders, which had been made on 27 September 2024.

The court considered the nature and frequency of the contraventions and the necessity of imposing a penalty that would deter future non-compliance. It noted that there was no basis for imposing a pecuniary penalty or imprisonment on Mr Najar. Consequently, the court ordered Mr Najar to enter into twelve concurrent bonds of nine months each, contingent upon his compliance with the existing parenting orders. This decision was aimed at ensuring that Mr Najar adheres to the court's directives while avoiding punitive measures that could have broader negative consequences for him and the child.

The court's reasoning was based on the principle of proportionality and the need to balance the interests of the child with the rights of the parents. The court recognised that bonds were a suitable measure to enforce compliance without resorting to harsher penalties. The outcome reflected a careful consideration of the specific circumstances of the case, aiming to promote a constructive parenting environment.

The court ordered Mr Najar to enter into twelve concurrent bonds of nine months each, contingent upon his compliance with the existing parenting orders. Additionally, Mr Najar was required to attend an appointment with Senior Judicial Registrar Neilson on 24 July 2025, to sign the bonds.

Orders

Orders of the court

PAC 2262 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR NAJAR

Applicant

AND:

MS BATA

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

21 JULY 2025

THE COURT ORDERS THAT:

1. By close of business, on or before 28 July 2025, the respondent father shall enter into the following twelve concurrent bonds:

1.1 - In respect of the contravention 1, that occurred on 29 October 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.2 - In respect of contravention 2, that occurred on 30 October 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.3 - In respect of contravention 3, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.4 - In respect of contravention 4, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024). 3

1.5 - In respect of contravention 5, that occurred on 23 November 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.6 - In respect of contravention 6, that occurred on 1 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.7 - In respect of contravention 7, that occurred on 24 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.8 - In respect of contravention 8 that occurred on 30 December 2024, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

1.9 - In respect of contravention 9 that occurred on 10 February 2025, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

2.0 - In respect of contravention 10 that occurred on 11 March 2025, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

2.1 - In respect of contravention 11 that occurred on 11 March 2025, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

2.2 – In respect of contravention 12 that occurred on 11 March 2025, for a period of 9 months upon the condition that the respondent father comply with the current parenting orders (being Orders made on 27 September 2024).

THE COURT ORDERS THAT:

2. For the respondent father to attend the appointment with Senior Judicial Registrar Neilson at 12pm, Thursday, 24 July 2025, at the Parramatta registry, to sign the bonds pursuant to order 1.

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

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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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File number(s):	PAC 2262 of 2022
Judgment of:	JUDGE STREET
Date of judgment:	21 July 2025
Catchwords:	FAMILY LAW - CONTRAVENTION - sentenced to twelve concurrent nine-month bonds – no basis for pecuniary penalty or imprisonment
Legislation:	Family Law Act 1975 (Cth)
Cases cited:	Adelstein & Byron [2024] FedCFamC2F 1253 Galvis & Galvis [2024] FedCFamC1A 123 Langer & Griffin [2013] FamCAFC 170
Division:	Division 2 Family Law
Number of paragraphs:	34
Date of hearing:	21 July 2025
Place:	Sydney
For the Applicant:	The Applicant appeared via visual/audio link
Solicitor for the Respondent:	Ms K Ziayee of Supreme Justice Lawyers

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

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	21 JULY 2025