Nordberg & Nordberg (No 2) - [2025] FedCFamC1F 187

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Nordberg & Nordberg (No 2) [2025] FedCFamC1F 187

File number(s): NCC 1234 of 2023

Judgment of: SMITH J

Date of judgment: 7 March 2025

Catchwords: FAMILY LAW – CHILD SUPPORT – Anti-suit injunction sought by husband in respect of enforcement of maintenance orders made by the Family Court of Country B – no engagement or appearance by husband for extended period – undefended hearing – no basis for anti-suit injunction – no positive enforcement orders now sought by wife – Orders dismissing the Husband’s Initiating Application – no order as to costs sought

Legislation:
Child Support (Assessment) Act 1989 (Cth), Pt 9, s 152

Family Law Act 1975 (Cth), Pt XI, s 102NA

Cases cited: Nordberg & Nordberg [2023] FedCFamC1F 1019

Division: Division 1 First Instance

Number of paragraphs: 18

Date of hearing: 7 March 2025

Place: Newcastle

For the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr Flanigan

Solicitor for the Respondent: Ann Legal
ORDERS

NCC 1234 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR NORDBERG

Applicant

AND:
MS NORDBERG

Respondent

ORDER MADE BY:

SMITH J

DATE OF ORDER:

7 MARCH 2025

THE COURT ORDERS THAT:
1.The Initiating Application filed 27 April 2023 be dismissed.
2.There be no order as to costs.
3.The matter be removed from the list of matters awaiting finalisation and all future listing dates be vacated.

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 the pseudonym Nordberg & Nordberg has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
SMITH J:

These proceedings come before me today for final hearing in respect of limited issues relating to spousal and/or child maintenance orders made in the Family Court of Country B and their enforcement. The proceedings are between the applicant husband, Mr Nordberg, and the respondent wife, Ms Nordberg.
I note that the parenting proceedings between the parties, which were the first proceedings between the parties in this court and in which the husband/father as applicant invoked the jurisdiction of this court in relation to the parties' children, was resolved at a final hearing before me in circumstances where I bifurcated the matters and heard parenting first.
In relation to the property proceedings, which were joined…

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 Nordberg & Nordberg (No 2)

Details

AGLC: Nordberg & Nordberg (No 2) [2025] FedCFamC1F 187
Case: [2025] FedCFamC1F 187
Decision Date: 7 March 2025

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 1) was asked to decide whether Mr Nordberg could be granted an anti-suit injunction to prevent his ex-wife from enforcing maintenance orders made by the Family Court of Country B. The husband, Mr Nordberg, sought this injunction without actively engaging in the proceedings or appearing for an extended period. The wife, Ms Nordberg, did not contest the application, and no positive enforcement orders were being sought by her at the time.

The legal issues before the court were whether Mr Nordberg's inactivity in the proceedings justified granting an anti-suit injunction, and whether such an injunction was necessary given that no enforcement orders were being pursued by Ms Nordberg. The court examined the principles of judicial economy, the need for parties to actively participate in proceedings, and the circumstances under which anti-suit injunctions are appropriate. Given Mr Nordberg's lack of engagement and the absence of any current enforcement efforts by Ms Nordberg, the court found that there was no basis for the anti-suit injunction. The court concluded that the husband's inactivity did not warrant the granting of an injunction, and that the injunction was not necessary under the circumstances.

Accordingly, the court dismissed the husband's initiating application and made no order as to costs. The matter was removed from the list of matters awaiting finalisation, and all future listing dates were vacated. The form of the order is subject to entry in the Court's records and may be reviewed to correct minor errors or to record variations to the order.

Orders

Orders of the court

NCC 1234 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR NORDBERG

Applicant

AND:

MS NORDBERG

Respondent

ORDER MADE BY:

SMITH J

DATE OF ORDER:

7 MARCH 2025

THE COURT ORDERS THAT:

1. The Initiating Application filed 27 April 2023 be dismissed.

2. There be no order as to costs.

3. The matter be removed from the list of matters awaiting finalisation and all future listing dates be vacated.

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):	NCC 1234 of 2023
Judgment of:	SMITH J
Date of judgment:	7 March 2025
Catchwords:	FAMILY LAW – CHILD SUPPORT – Anti-suit injunction sought by husband in respect of enforcement of maintenance orders made by the Family Court of Country B – no engagement or appearance by husband for extended period – undefended hearing – no basis for anti-suit injunction – no positive enforcement orders now sought by wife – Orders dismissing the Husband’s Initiating Application – no order as to costs sought
Legislation:	Child Support (Assessment) Act 1989 (Cth), Pt 9, s 152 Family Law Act 1975 (Cth), Pt XI, s 102NA
Cases cited:	Nordberg & Nordberg [2023] FedCFamC1F 1019
Division:	Division 1 First Instance
Number of paragraphs:	18
Date of hearing:	7 March 2025
Place:	Newcastle
For the Applicant:	The Applicant did not appear
Counsel for the Respondent:	Mr Flanigan
Solicitor for the Respondent:	Ann Legal

NCC 1234 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR NORDBERG Applicant
AND:	MS NORDBERG Respondent

ORDER MADE BY:	SMITH J
DATE OF ORDER:	7 MARCH 2025