Re Bemert

[2016] FamCA 525

FAMILY COURT OF AUSTRALIA

RE BEMERT [2016] FamCA 525

FAMILY LAW – PRACTICE AND PROCEDURE – Where an application is made for leave to file an Application in a Case – Where the application is made by a vexatious litigant – Where the father seeks orders in relation to his daughter – Where there is neither jurisdiction nor power to make almost all the orders sought – Where the application is another attempt to pursue vexatious litigation against the daughter – Where there is currently a charge against the father for breaching an AVO for the protection of the daughter – Where the daughter is to be made aware of the application as it may be relevant to the current AVO proceedings – Where the application for leave is dismissed.  

Family Law Act 1975 (Cth)

Bemert & Swallow [2009] FamCA 5

APPLICANT: Mr Bemert

RESPONDENT: Not applicable

FILE NUMBER: SYC 959 of 2008

DATE DELIVERED: 1 July 2016

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 27 June 2016

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Not applicable

Orders

Orders made in chambers 27 June 2016

1. The application for leave to file the Application in a Case delivered to the Registry, Family Court of Australia, Sydney, by Mr Bemert on 23 June 2016 is dismissed. I reserve my reasons.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bemert has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 959 of 2008

Mr Bemert

Applicant

REASONS FOR JUDGMENT

1. On 27 June 2016 I made an order dismissing Mr Bemert’s application for leave to file an Application in a Case which he had delivered to the Registry of the Family Court of Australia at Sydney on 23 June 2016. I reserved my reasons for making that order which I now provide.

2. Mr Bemert is a veteran litigant whom the Supreme Court of New South Wales found was vexatious. In 2005 Patten AJ made an order that Mr Bemert shall not, without leave of the Supreme Court, institute proceedings in any court (see discussion at [110] and following in Bemert & Swallow [2009] FamCA 5).

3. On 15 January 2009 I made an order summarily dismissing Mr Bemert’s application against his daughter Ms Swallow in which he sought time with her four children. I also made an order that Mr Bemert not file any further application instituting any proceedings under the Family Law Act 1975 (Cth) (“the Act”) in any court exercising jurisdiction under that Act, without leave.

4. Mr Bemert is a deregistered medical practitioner.

5. In late 1982 and early 1983 Mr Bemert was involved in proceedings before the late Honourable Peter Nygh in which the late Justice Nygh granted sole custody of Ms Swallow to Ms Swallow’s mother, Ms Bemert, and ceased Mr Bemert’s access to Ms Swallow indefinitely.

6. In October 2007 an AVO was granted by…