Newett & Newett (No. 5) - [2022] FedCFamC1A 2

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Newett & Newett (No. 5) [2022] FedCFamC1A 2

Appeal from: Newett & Newett (No. 4) [2021] FamCA 318

Appeal number(s): NOA 26 of 2021

File number(s): BRC 2179 of 2018

Judgment of: ALDRIDGE J

Date of judgment: 18 January 2022

Catchwords: FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Where the appellant seeks the filing of a Further Contended Appeal Book and the disqualification of appeal registrars – No relevance in showing error on the part of the primary judge – Further evidence proposed to be relied on is not identified – No application for the disqualification of appeal registrars to review – Application dismissed – Costs reserved to the Full Court.

Legislation:
Family Law Act 1975 (Cth) s 79A

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.04

Number of paragraphs: 35

Date of hearing: 18 January 2022

Place: Sydney (via video link)

Counsel for the Appellant: Self-represented litigant

Solicitor for the Respondent: Damien Greer Lawyers
ORDERS

NOA 26 of 2021
BRC 2179 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MS NEWETT

Appellant

AND:
MR NEWETT

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

18 JANUARY 2022

THE COURT ORDERS THAT:
1.The appellant have leave to provide the Court on or before 24 January 2022 an electronic copy of the VV Pty Ltd trial balances that the appellant submits ought to have been included as Exhibit 4.
2.The Application in an Appeal filed on 6 January 2022 is otherwise dismissed.
3.The consideration of costs of this application are reserved to the hearing of the appeal on 1 February 2022.
NOTATION
A. The appellant will file on or before 24 January 2022 a copy of the transcript of proceedings of 26 October 2020.

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).
IT IS NOTED that publication of this judgment by this Court under the pseudonym Newett & Newett (No. 5) has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
ALDRIDGE J:

By an Application in an Appeal filed on 6 January 2022, the appellant seeks leave to file a Further Contended Appeal Book to remove certain items from the Appeal Book and to disqualify two appeal registrars from acting further in the appeal. Order 5 as sought in the application was not pressed.
The appeal is from property settlement orders made by a judge of the Family Court of Australia (as it was then known) on 20 May…

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.

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Details

Case: [2022] FedCFamC1A 2
Decision Date: 18 January 2022

CaseChat Overview and Summary

Ms Newett, the appellant, sought leave to appeal a decision of the Family Court concerning the division of property between her and her former spouse, Mr Newett. The appeal was lodged against the decision made in the Federal Circuit and Family Court of Australia. The appellant filed an application in the appeal, seeking to file a Further Contended Appeal Book and to disqualify the appeal registrars. The application was dismissed by the court, with costs reserved for the full hearing of the appeal.

The legal issues before the court were whether the appellant's application to file a Further Contended Appeal Book and to disqualify the appeal registrars was relevant in showing an error on the part of the primary judge, and whether the further evidence proposed to be relied on was identifiable. The court held that the application did not demonstrate any error on the part of the primary judge, and that the further evidence proposed to be relied on was not identified. The court also found that there was no application for the disqualification of appeal registrars to review.

The court's reasoning was based on the fact that the appellant had not shown any error on the part of the primary judge, and that the further evidence proposed to be relied on was not identifiable. The court also found that there was no application for the disqualification of appeal registrars to review. The application was dismissed, and the consideration of costs of this application were reserved to the hearing of the appeal on 1 February 2022. The appellant was ordered to provide an electronic copy of the VV Pty Ltd trial balances by 24 January 2022.

Orders

Orders of the court

NOA 26 of 2021

BRC 2179 of 2018

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS NEWETT

Appellant

AND:

MR NEWETT

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

18 JANUARY 2022

THE COURT ORDERS THAT:

1. The appellant have leave to provide the Court on or before 24 January 2022 an electronic copy of the VV Pty Ltd trial balances that the appellant submits ought to have been included as Exhibit 4.

2. The Application in an Appeal filed on 6 January 2022 is otherwise dismissed.

3. The consideration of costs of this application are reserved to the hearing of the appeal on 1 February 2022.

NOTATION

A. The appellant will file on or before 24 January 2022 a copy of the transcript of proceedings of 26 October 2020.

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).

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.

NOA 26 of 2021 BRC 2179 of 2018
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MS NEWETT Appellant
AND:	MR NEWETT Respondent

Appeal from:	Newett & Newett (No. 4) [2021] FamCA 318
Appeal number(s):	NOA 26 of 2021
File number(s):	BRC 2179 of 2018
Judgment of:	ALDRIDGE J
Date of judgment:	18 January 2022
Catchwords:	FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – Where the appellant seeks the filing of a Further Contended Appeal Book and the disqualification of appeal registrars – No relevance in showing error on the part of the primary judge – Further evidence proposed to be relied on is not identified – No application for the disqualification of appeal registrars to review – Application dismissed – Costs reserved to the Full Court.
Legislation:	Family Law Act 1975 (Cth) s 79A Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 13.04
Number of paragraphs:	35
Date of hearing:	18 January 2022
Place:	Sydney (via video link)
Counsel for the Appellant:	Self-represented litigant
Solicitor for the Respondent:	Damien Greer Lawyers

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	18 JANUARY 2022