FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Oglesby & Oglesby [2023] FedCFamC2F 565
File number(s): PAC 1109 of 2022 Judgment of: JUDGE TURNBULL Date of judgment: 19 January 2023 Catchwords: FAMILY LAW – interim property settlement – second application for interim property orders Legislation: Family Law Act 1975 (Cth) Cases cited: Accardi & Russo [2022] FedCFamC1F 253
Black & Kellner [1992] FLC92-287
Chea & Sok [2022] FedCFamC1F 628
Gabel & Yardley [2008] FamCAFC 162
Kachmarik v Gebel[ (2019) FLC 93-927
Kyriakos & Kyriakosand Anor (2013) FLC 93-528
Langer & Langer [2021] FedCFamC1F 49
Malloy & Stopford Malloy (No.4) [2020] FamCA 995
Marchant & Marchant (2012) FLC 93-520
Massalski & Riley [2019] FamCA 1013
Medlow & Medlow (2016) FLC 93-692 at [69]
Moorcroft& Moorcroft [2018] FamCAFC 253
Reid & Lynch [2010] FamCAFC 184
Sala & Habner [2018] FCCA 2321
Re Golding [2020[ HCA 38
Strahan & Strahan (Interim Property Orders) [2009] FamCAFC 166
Watson & Watson [2013] FamCAFC 25
Division: Division 2 Family Law Number of paragraphs: 92 Date of last submission/s: 22 December 2022 Date of hearing: 9 & 22 December 2022 Place: Hobart Counsel for the Applicant Mr Williams Solicitors for the Applicant Clinch Long Woodbridge Lawyers Counsel for the Respondent Mr Wong Solicitors for the Respondent Marando Solicitors ORDERS
PAC 1109 of 2022 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR OGLESBY
Applicant
AND: MS OGLESBY
Respondent
order made by:
JUDGE TURNBULL
DATE OF ORDER:
19 JANUARY 2023
THE COURT ORDERS:
1.The Husband’s Application in a Proceeding filed 25 November 2022 be dismissed.
2.That all applications for costs arising from the Husband’s Application in a Proceeding filed 25 November 2022 be reserved until the conclusion of the final hearing.
3.That the Application for Final Orders is adjourned for a final mention and directions at 10.00 a.m. on 1 March 2023 via Microsoft Teams.
4.That the time for the parties to file documentation for the final hearing, pursuant to paragraphs 1-4 of the Orders dated 7 November 2022 be extended to 4.00 p.m. on 17 March 2023.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 Oglesby & Oglesby has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
JUDGE TURNBULL
This is an application in a proceeding filed by Mr…
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- Oglesby & Oglesby [2023] FedCFamC2F 565
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- [2023] FedCFamC2F 565
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CaseChat Overview and Summary
The court's decision was based on a thorough analysis of the evidence presented by both parties. The court found that the husband's application was an abuse of process because it was clear that the husband was attempting to relitigate issues that had already been decided. The court noted that the husband had previously sought an interim property settlement, and that the court had already made a decision on that matter. The court found that the husband's second application was an attempt to circumvent the initial decision and was therefore an abuse of process. Additionally, the court found that the husband had not provided sufficient evidence to warrant a review of the initial settlement. The court noted that the husband had not provided any new evidence or information that would warrant a change in the initial settlement. As a result, the court dismissed the husband's application and reserved all applications for costs until the conclusion of the final hearing. The court's decision was based on a careful consideration of the evidence and the law, and it is unlikely that the husband will be successful in any further applications for interim property orders.
Orders
Orders of the court
THE COURT ORDERS:
1. The Husband’s Application in a Proceeding filed 25 November 2022 be dismissed.
2. That all applications for costs arising from the Husband’s Application in a Proceeding filed 25 November 2022 be reserved until the conclusion of the final hearing.
3. That the Application for Final Orders is adjourned for a final mention and directions at 10.00 a.m. on 1 March 2023 via Microsoft Teams.
4. That the time for the parties to file documentation for the final hearing, pursuant to paragraphs 1-4 of the Orders dated 7 November 2022 be extended to 4.00 p.m. on 17 March 2023.
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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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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