FEDERAL CIRCUIT COURT OF AUSTRALIA
| PHOENIX & SILVA | [2017] FCCA 1436 |
| Catchwords: FAMILY LAW – Property – application listed for trial – parties submit proposed minute of consent orders – court requests statement of agreed facts – agreed facts disclose payment to wife equal to 9.82% of asset pool – application listed for directions – further submissions do not warrant approval being granted – necessity for compromise to be just and equitable – application listed for trial – respondent files application in a case seeking recusal of judge from hearing – use of comparable decisions as guide to likely property adjustment – certainty and consistency of decision making – apprehended bias – relevant principles – application refused. |
| Legislation: Family Law Act 1975 (Cth), ss.79, 81 |
| Cases cited: Amero & Croft [2010] FamCAFC 118 Luck v University of Southern Queensland [2009] FCA 479 Luck v Secretary, Department of Human Services [2017] FCA 540 Reynolds & Moore [2014] FamFC 1174 Stenning v Sanig [2015] NSWCA 214 Articles: Bell, Judicial Expression of a Preliminary View (2015) 5 Fam L Rev 73 |
| Applicant: | MS PHOENIX |
| Respondent: | MR SILVA |
| File Number: | MLC 11499 of 2015 |
| Judgment of: | Judge A Kelly |
| Hearing date: | 23 June 2017 |
| Date of Last Submission: | 23 June 2017 |
| Delivered at: | Melbourne |
| Delivered on: | 27 June 2017 |
REPRESENTATION
| Solicitor for the Applicant: | Mr DeGama |
| Solicitors for the Applicant: | Vernon DeGama & Associates |
| Counsel for the Respondent: | Mr Thomas |
| Solicitors for the Respondent: | Ravi James Lawyers |
ORDERS
That the Application in a Case filed 9 May 2017 is dismissed.
IT IS NOTED that publication of this judgment under the pseudonym Phoenix & Silva is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT MELBOURNE |
MLC 11499 of 2015
| MS PHOENIX |
Applicant
And
| MR SILVA |
Respondent
REASONS FOR JUDGMENT
Introduction
This matter has been set down for hearing on 25 September 2017. Application was made on 23 June 2017 that I recuse myself for apprehended bias. I refuse that application. My reasons follow.
The circumstances giving rise to the application arose from an application by the parties that the court should approve, in chambers, proposed consent orders giving effect to the compromise of an application by the wife for an adjustment of property interests. By that proposed compromise the wife was to receive a payment of $30,000 in final property settlement following a marriage of nearly 3 years duration. I declined to…
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- AGLC
- Phoenix and Silva [2017] FCCA 1436
- Case
- [2017] FCCA 1436
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was the determination of the application filed by Phoenix and Silva. The court was required to assess the merits of this application and decide whether it should be dismissed or granted.
Judge A Kelly dismissed the application. No further reasoning or legal principles applied by the court were provided in the text.
The court ordered that the Application in a Case filed 9 May 2017 is dismissed.
Orders
Orders of the court
1.
That the Application in a Case filed 9 May 2017 is dismissed.
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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