FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Pachis & Turnbull (No 3) [2024] FedCFamC1A 116
Appeal from: Pachis & Turnbull [2024] FedCFamC1F 420 Appeal number: NAA 170 of 2024 File number: BRC 15185 of 2022 Judgment of: CAMPTON J Date of judgment: 11 July 2024 Catchwords: FAMILY LAW – APPEAL – Practice and procedure – Where the grounds of appeal do not clearly articulate any form of legal, factual, or discretionary error – Where the appeal was listed to afford the appellant procedural fairness and an opportunity to be heard as to why the Notice of Appeal should not be struck out – Where the grounds are incompetent – Where the appeal is summarily dismissed. Legislation: Family Law Act1975 (Cth) s 65DAAA
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 28, 32, 46
Cases cited: House v The King (1936) 55 CLR 499; [1936] HCA 40
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28
Nootkamp & Brulja [2023] FedCFamC1A 90
Pachis & Turnbull [2023] FedCFamC1A 110
Pachis & Turnbull (No 2) [2024] FedCFamC1A 16
Number of paragraphs: 25 Date of hearing: 11 July 2024 Place: Sydney via Microsoft Teams The Appellant: Litigant in person The Respondent: Did not participate ORDERS
NAA 170 of 2024
BRC 15185 of 2022FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MS PACHIS
Appellant
AND: MR TURNBULL
Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
11 JULY 2024
THE COURT ORDERS THAT:
1.The appeal is summarily dismissed.
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 pseudonyms Pachis & Turnbull has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
CAMPTON J:
By way of a Notice of Appeal filed 8 July 2024, Ms Pachis (“the appellant”) seeks leave to appeal and if successful, appeals from an order made on 26 June 2024 by a judge of the Federal Circuit and Family Court of Australia (Division 1). That order dismissed her Initiating Application filed 23 September 2023 seeking to vary orders made 28 February 2023 regulating the parenting of two children of she and Mr Turnbull (“the respondent”), who were born in 2014 and…
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- AGLC
- Pachis & Turnbull (No 3) [2024] FedCFamC1A 116
- Case
- [2024] FedCFamC1A 116
- Decision Date
CaseChat Overview and Summary
The central legal issues in this appeal were whether the appeal had a reasonable prospect of success and whether the grounds of appeal properly articulated any form of legal, factual, or discretionary error. The grounds of appeal listed by the appellant were largely incoherent and did not present clear legal or factual arguments, instead making numerous and unsubstantiated allegations against the judicial officers and other parties involved in the proceedings. The court had to determine whether these grounds were competent and whether the appeal should proceed to a substantive hearing.
The court found that the grounds of appeal were incompetent and did not articulate any legal, factual, or discretionary error. The appellant was given an opportunity to explain why the Notice of Appeal should not be struck out, but failed to provide any coherent argument. The court concluded that the appeal did not enjoy reasonable prospects of success and was devoid of merit. Consequently, the appeal was summarily dismissed.
In light of the above, the court issued an order dismissing the appeal. The appeal was found to be without merit, and no further orders were necessary. The case underscores the importance of articulating clear and competent grounds of appeal in family law matters.
Orders
Orders of the court
NAA 170 of 2024
BRC 15185 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MS PACHIS
Appellant
AND:
MR TURNBULL
Respondent
ORDER MADE BY:
CAMPTON J
DATE OF ORDER:
11 JULY 2024
THE COURT ORDERS THAT:
1. The appeal is summarily dismissed.
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
Ratio Decidendi
Legal Principle Established
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