FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Nootkamp & Brulja (No 3) [2025] FedCFamC1A 116
Appeal from: Nootkamp & Brulja (Injunction) [2025] FCWA 42 Appeal number: NAA 80 of 2025 File number: 376 of 2019 Judgment of: AUSTIN, WILLIAMS & ALTOBELLI JJ Date of judgment: 3 July 2025 Catchwords: FAMILY LAW – APPEAL – LEAVE TO APPEAL – PROPERTY – Where final property orders were previously made between the husband and wife – Where the final orders vested in the husband the first property, subject to the parties’ transfer to the wife of exclusive title in the second property – Where the wife filed an interlocutory application seeking to enforce the final orders by orders under s 106A of the Family Law Act 1975 (Cth) – Where the wife decided her interlocutory application was futile by reason of the husband lodging a caveat over the second property the day before the interlocutory hearing – Where the primary judge granted the wife’s oral application to restrain the husband from dealing with the first property – Where the husband complains of the denial of procedural fairness – Where the wife’s anterior filed application and her oral application engaged the same underlying issue – Where the husband should not misconstrue his right to seek legal advice as being an absolute right to an adjournment of every application brought against him – Where the primary judge’s conduct of the interlocutory hearing was not in breach of the Family Court Rules 2021 (WA) – Where the husband’s disregard of operable final orders is enough to justify the dismissal of his application for leave to appeal – Leave to appeal refused – Application dismissed – Costs ordered in a fixed sum. Legislation: Family Law Act 1975 (Cth) Pt VII, ss 106A, 114
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 12.17
Family Court Rules 2021 (WA) rr 12, 77, 79, 80
Cases cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
Lunde & Lunde [2025] FedCFamC1A 44
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48
Moorcroft & Moorcroft (2018) FLC 93-881; [2018] FamCAFC 253
Newett & Newett (No 2) (2021) FLC 94-051; [2021] FedCFamC1A 11
Nootkamp & Brulja (No 2) [2025] FedCFamC1A 78
Number of paragraphs: 41 Date of hearing: 1 July 2025 Place: Melbourne The Applicant: Litigant in person Counsel for the Respondent: Mr Spashett Solicitor for the Respondent: Paynes Lawyers ORDERS
NAA 80 of 2025
376 of 2019FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR NOOTKAMP
Applicant
AND: MS BRULJA
Respondent
ORDER MADE BY:
AUSTIN, WILLIAMS & ALTOBELLI JJ
DATE OF ORDER:
3 JULY 2025
THE COURT ORDERS THAT:
1.Leave to appeal is refused and the Amended Notice of Appeal filed on 10 March 2025 is…
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- AGLC
- Nootkamp & Brulja (No 3) [2025] FedCFamC1A 116
- Case
- [2025] FedCFamC1A 116
- Decision Date
CaseChat Overview and Summary
The court considered whether the husband's right to seek legal advice justified an adjournment of the interlocutory application. The court found that the husband's disregard of the final orders was enough to justify dismissing his application for leave to appeal. The court held that the husband should not misconstrue his right to seek legal advice as being an absolute right to an adjournment of every application brought against him. The court also held that the primary judge's conduct of the interlocutory hearing was not in breach of the Family Court Rules 2021 (WA). The court dismissed the husband's application for leave to appeal and ordered him to pay the wife's costs of the application.
The Federal Circuit and Family Court of Australia dismissed the husband's application for leave to appeal and ordered him to pay the wife's costs of the application, fixed in the sum of $7,684.61. The court held that the husband's disregard of the final orders was enough to justify dismissing his application for leave to appeal. The court also held that the husband should not misconstrue his right to seek legal advice as being an absolute right to an adjournment of every application brought against him. The court found that the primary judge's conduct of the interlocutory hearing was not in breach of the Family Court Rules 2021 (WA).
Orders
Orders of the court
NAA 80 of 2025
376 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR NOOTKAMP
Applicant
AND:
MS BRULJA
Respondent
ORDER MADE BY:
AUSTIN, WILLIAMS & ALTOBELLI JJ
DATE OF ORDER:
3 JULY 2025
THE COURT ORDERS THAT:
1. Leave to appeal is refused and the Amended Notice of Appeal filed on 10 March 2025 is dismissed.
2. The appellant shall pay the respondent’s party/party costs of and incidental to the application for leave to appeal, fixed in the sum of $7,684.61.
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
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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