Pitman & Hynes (No 2)

Case [2024] FedCFamC2F 206


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Pitman & Hynes (No 2) [2024] FedCFamC2F 206

File number: WOC 772 of 2011
Judgment of: JUDGE LIOUMIS
Date of judgment: 21 February 2024
Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Vexatious Proceedings Order – Where the Applicant sought an order pursuant to section 102QB(2)(b) of the Family Law Act 1975 (Cth) prohibiting the Respondent from instituting further proceedings without leave – Where the proceedings have a long history – Application granted
Legislation:

Family Law Act 1975 (Cth) Pt XIB, ss 4, 69ZK, 102NA, 102Q, 102QB, 102QE

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 5.15

Cases cited:

Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398

Pencious & Searle [2017] FamCAFC 210

Pitman & Hynes [2021] FamCA 300

Pitman & Hynes [2024] FedCFamC2F 22

Pitman & Hynes (No 2) [2018] FamCA 1015

Pitman & Hynes (No 2) [2022] FedCFamC1F 373

Potier v Attorney-General (2015) 89 NSWLR 284

Rilak & Tsocas [2020] FamCA 49

Division: Division 2 Family Law
Number of paragraphs: 66
Date of last submission: 19 February 2024
Date of hearing: On the papers
Place: Sydney
Counsel for the Applicant: Mr Hill of Counsel
Solicitor for the Applicant: Fletch Law
For the Respondent: The Respondent represented herself

ORDERS

WOC 772 of 2011

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR HYNES

Applicant

AND:

MS PITMAN

Respondent

ORDER MADE BY:

JUDGE LIOUMIS

DATE OF ORDER:

21 FEBRUARY 2024

ON A FINAL BASIS THE COURT ORDERS THAT:

1.Pursuant to section 102QB(2)(b) of the Family Law Act 1975 (Cth) (“the Act”), the Respondent MS PITMAN is prohibited from instituting proceedings under the Act against or in relation to the Applicant MR HYNES without first being granted leave to commence that proceeding pursuant to section 102QE of the Act.

2.All outstanding applications are dismissed and the proceedings are removed from the list of matters awaiting finalisation.

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

INTRODUCTION

  1. On 19 January 2024, I delivered judgment in this matter dismissing the Application – Contempt filed by the mother on 29 April 2022.[1] As part of the Orders made on this date, the parties were required to…

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AGLC
Pitman & Hynes (No 2) [2024] FedCFamC2F 206
Case
[2024] FedCFamC2F 206
Decision Date

CaseChat Overview and Summary

The matter before Judge Lioumis in the Federal Circuit and Family Court of Australia involved an application by Mr Hynes under section 102QB(2)(b) of the Family Law Act 1975 (Cth) seeking to prohibit Ms Pitman from initiating further family law proceedings against him without leave of the court. This application followed a protracted history of litigation between the parties. The court was tasked with determining whether the application should be granted, thereby imposing a Vexatious Proceedings Order on Ms Pitman.

The primary issue for the court was whether the criteria set out in section 102QB(2)(b) of the Act were met, which requires the court to consider whether there were previous proceedings between the parties, whether those proceedings were vexatious, and whether it was appropriate in all the circumstances to make the order sought. The court also needed to consider the balance of convenience and the likely impact of the order on both parties. The court examined the history of the proceedings, the nature of the applications made, and the conduct of both parties during the litigation.

In rendering its decision, the court found that the criteria for making the Vexatious Proceedings Order were satisfied. The court identified a pattern of behaviour by Ms Pitman that included making repeated, often frivolous, applications that did not have a reasonable prospect of success. The court concluded that Ms Pitman's conduct was vexatious and that making the order sought was appropriate in the circumstances. The court further determined that the balance of convenience favoured Mr Hynes, as the order would prevent further unnecessary litigation and protect him from further harassing applications. Accordingly, the court made the order sought by Mr Hynes, prohibiting Ms Pitman from instituting further proceedings without leave.

The final orders of the court were that Ms Pitman was prohibited from initiating proceedings under the Family Law Act against or in relation to Mr Hynes without first obtaining leave of the court, and that all outstanding applications were dismissed with the proceedings removed from the list of matters awaiting finalisation.

Orders

Orders of the court

WOC 772 of 2011

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR HYNES

Applicant

AND:

MS PITMAN

Respondent

ORDER MADE BY:

JUDGE LIOUMIS

DATE OF ORDER:

21 FEBRUARY 2024

ON A FINAL BASIS THE COURT ORDERS THAT:

1. Pursuant to section 102QB(2)(b) of the Family Law Act 1975 (Cth) (“the Act”), the Respondent MS PITMAN is prohibited from instituting proceedings under the Act against or in relation to the Applicant MR HYNES without first being granted leave to commence that proceeding pursuant to section 102QE of the Act.

2. All outstanding applications are dismissed and the proceedings are removed from the list of matters awaiting finalisation.

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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