Perica & Perica (No 4) - [2023] FedCFamC2F 1670

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Perica & Perica (No 4) [2023] FedCFamC2F 1670

File number(s): HBC 984 of 2021

Judgment of: JUDGE TAGLIERI

Date of judgment: 20 December 2023

Catchwords: FAMILY LAW – property – contempt application – finding that respondent contravened orders of the court – finding that no flagrant challenge to the authority of the court – application dismissed

Legislation:
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) div 4.2.2, r 6.17(a)(ii)

Family Law Act 1975 (Cth) ss 112AP, 112AB(a)(ii)

Cases cited:
Ganem & Ganem (No 2) [2013] FamCA 257

In the Marriage of Ibbotson and Wincen (1994) 18 Fam LR 164

In the Marriage of Sahari (1976) 2 Fam LR 11,126

In the Marriage of Tate (No 3) 30 Fam LR 427

Mason& Mason [2023] FedCFamC1F 18

Oakley & Millar [2019] FamCAFC 12

Parrish & Gallejo (No 2) [2018] FCCA 2851

Perica & Perica (No 2) [2023] FedCFamC2F 1010

Pitman & Hynes [2022] FedCFamC1F 188

Stradford & Stradford [2019] FamCAFC 25

Zamir & Zamir (2022) 65 Fam LR 612

Division: Division 2 Family Law

Number of paragraphs: 53

Date of last submission/s: 26 August 2023

Date of hearing: 26 July 2023 and 25 August 2023

Place: Hobart

For the Applicant: In person

Counsel for the Respondent: Mr McKenna

Solicitor for the Respondent: Murdoch Clarke
ORDERS

HBC 984 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR PERICA

Applicant

AND:
MS PERICA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

20 DECEMBER 2023

THE COURT ORDERS THAT:
1.The Contempt Application filed 25 May 2023 is 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).
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 has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Judge Taglieri

By judgment delivered 11 August 2023[1] in respect of a Contempt Application filed 25 May 2023 by the Applicant, who is the former husband of the Respondent, I determined that there was reason for the Respondent to show cause in relation to 17 alleged contraventions of various orders made by the registrars of this Court. The particulars of the alleged contraventions are the subject of the Annexure to those written reasons for judgment.
[1] Perica & Perica (No 2) [2023] FedCFamC2F 1010.
On 25 August 2023, I…

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 Perica & Perica (No 4)

Details

AGLC: Perica & Perica (No 4) [2023] FedCFamC2F 1670
Case: [2023] FedCFamC2F 1670
Decision Date: 20 December 2023

CaseChat Overview and Summary

Mr Perica brought a contempt application against Ms Perica, alleging she had breached a court order by disclosing information from family law proceedings. The case was heard in Division 2 of the Federal Circuit and Family Court of Australia. The primary issue for the court was whether Ms Perica had indeed breached the court's orders by disclosing information and, if so, whether the breach was flagrant enough to warrant a finding of contempt. The court had to determine the appropriate remedy if a contempt was found.

The court reviewed the evidence presented, focusing on whether Ms Perica had contravened the specific court orders regarding the disclosure of information. It assessed the nature of the breach and whether it amounted to a flagrant challenge to the court's authority. The court found that while Ms Perica had indeed disclosed information in breach of the order, this did not constitute a flagrant challenge to the authority of the court. Consequently, the court dismissed the contempt application, noting the breach but deeming it insufficiently serious to warrant a finding of contempt.

In its judgment, the court emphasised the importance of compliance with court orders but also highlighted the principle that not every breach of a court order rises to the level of contempt. The dismissal of the application was based on the assessment that the breach did not undermine the authority of the court. The court's decision underscored the need for strict adherence to court orders while allowing for a nuanced approach in determining the severity of breaches.

The court's final order dismissed the contempt application filed by Mr Perica on 25 May 2023. This decision was made on 20 December 2023 by Judge Taglieri. The order reflects the court's finding that while Ms Perica breached the orders, her actions did not constitute a flagrant challenge to the authority of the court.

Orders

Orders of the court

HBC 984 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR PERICA

Applicant

AND:

MS PERICA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

20 DECEMBER 2023

THE COURT ORDERS THAT:

1. The Contempt Application filed 25 May 2023 is 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).

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

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):	HBC 984 of 2021
Judgment of:	JUDGE TAGLIERI
Date of judgment:	20 December 2023
Catchwords:	FAMILY LAW – property – contempt application – finding that respondent contravened orders of the court – finding that no flagrant challenge to the authority of the court – application dismissed
Legislation:	Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) div 4.2.2, r 6.17(a)(ii) Family Law Act 1975 (Cth) ss 112AP, 112AB(a)(ii)
Cases cited:	Ganem & Ganem (No 2) [2013] FamCA 257 In the Marriage of Ibbotson and Wincen (1994) 18 Fam LR 164 In the Marriage of Sahari (1976) 2 Fam LR 11,126 In the Marriage of Tate (No 3) 30 Fam LR 427 Mason& Mason [2023] FedCFamC1F 18 Oakley & Millar [2019] FamCAFC 12 Parrish & Gallejo (No 2) [2018] FCCA 2851 Perica & Perica (No 2) [2023] FedCFamC2F 1010 Pitman & Hynes [2022] FedCFamC1F 188 Stradford & Stradford [2019] FamCAFC 25 Zamir & Zamir (2022) 65 Fam LR 612
Division:	Division 2 Family Law
Number of paragraphs:	53
Date of last submission/s:	26 August 2023
Date of hearing:	26 July 2023 and 25 August 2023
Place:	Hobart
For the Applicant:	In person
Counsel for the Respondent:	Mr McKenna
Solicitor for the Respondent:	Murdoch Clarke

HBC 984 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR PERICA Applicant
AND:	MS PERICA Respondent

ORDER MADE BY:	JUDGE TAGLIERI
DATE OF ORDER:	20 DECEMBER 2023