Rex & Arata - [2024] FedCFamC1A 242

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Rex & Arata [2024] FedCFamC1A 242

Appeal from: Arata & Rex (No 5) [2024] FedCFamC1F 732

Appeal number: NAA 320 of 2024

File number: LEC 250 of 2021

Judgment of: ALDRIDGE J

Date of judgment: 13 December 2024

Catchwords: FAMILY LAW – APPEAL – Practice and procedure – Where the Notice of Appeal is prolix and vexatious in its current form – Where many of the grounds of appeal assert the primary judge erred by failing to accept the appellant’s case – Where it is inherently unlikely that a judge of the Federal Circuit and Family Court of Australia (Division 1) would make hundreds of errors material enough to vitiate the reasons – Notice of Appeal struck out – Where the appellant has leave to lodge an Amended Notice of Appeal for further consideration.

Cases cited:
Bondelmonte v Bondelmonte (2017) 259 CLR 662; [2017] HCA 8

Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63

House v The King (1936) 55 CLR 499; [1936] HCA 40

Tame v State of New South Wales (2002) 211 CLR 317; [2002] HCA 35

Number of paragraphs: 10

Date of hearing: 13 December 2024

Place: Sydney (via video link)

The Appellant: Self-represented litigant

Solicitor for the Respondent: Burgess Family Law

The Independent Children’s Lawyer: Did not participate
ORDERS

NAA 320 of 2024
LEC 250 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:
MS REX

Appellant

AND:
MR ARATA

Respondent

INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

13 DECEMBER 2024

THE COURT ORDERS THAT:
1.The Notice of Appeal filed 28 November 2024 is struck out.
2.Leave is granted to the appellant to lodge an Amended Notice of Appeal on or before 21 February 2025.
3.The matter is listed for further directions at 10.00 am on 24 February 2025.
4.The respondent has leave to file an Application in an Appeal returnable on 24 February 2025 provided it has been served on the appellant.
5.The requirement of the appellant to file the draft appeal book index is stayed.
6.Costs of today are reserved.

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 pseudonym Rex & Arata has been approved pursuant to subsection 114Q(2) of the Family Law…

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 Rex & Arata

Details

AGLC: Rex & Arata [2024] FedCFamC1A 242
Case: [2024] FedCFamC1A 242
Decision Date: 13 December 2024

CaseChat Overview and Summary

In the Family Law Division of the Federal Circuit and Family Court of Australia, Ms Rex has filed an appeal against a decision made by the Court. The appeal concerns issues related to family law, and Mr Arata is the respondent in the matter. The appeal was filed on 28 November 2024, and the Court, presided over by Aldridge J, has made a significant order regarding the form and content of the Notice of Appeal. The Court found that the original Notice of Appeal was excessively detailed and repetitive, containing numerous grounds that essentially argued the primary judge should have accepted the appellant's version of events. The Court determined that such a claim was inherently unlikely, given the thoroughness expected of judges in the Federal Circuit and Family Court.

The legal issues before the Court included whether the Notice of Appeal was sufficiently clear and concise, and if the grounds of appeal were valid. The Court held that the appellant's Notice of Appeal did not meet the necessary standards and struck it out. The appellant was granted leave to file an Amended Notice of Appeal by 21 February 2025, and the matter was scheduled for further directions on 24 February 2025. The respondent also has the option to file an Application in an Appeal, provided it is served on the appellant. The requirement for the appellant to file the draft appeal book index was stayed, and costs were reserved for later determination.

The Court's decision underscores the importance of adhering to procedural rules in family law appeals, ensuring that grounds of appeal are both specific and legally sound. The outcome ensures that the appellant has an opportunity to correct the deficiencies in the original Notice of Appeal, while also protecting the integrity of the appellate process. The matter is set to continue with further directions and potential submissions from both parties.

Orders

Orders of the court

NAA 320 of 2024

LEC 250 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS REX

Appellant

AND:

MR ARATA

Respondent

INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

13 DECEMBER 2024

THE COURT ORDERS THAT:

1. The Notice of Appeal filed 28 November 2024 is struck out.

2. Leave is granted to the appellant to lodge an Amended Notice of Appeal on or before 21 February 2025.

3. The matter is listed for further directions at 10.00 am on 24 February 2025.

4. The respondent has leave to file an Application in an Appeal returnable on 24 February 2025 provided it has been served on the appellant.

5. The requirement of the appellant to file the draft appeal book index is stayed.

6. Costs of today are reserved.

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

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.

NAA 320 of 2024 LEC 250 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA DIVISION 1 APPELLATE JURISDICTION
BETWEEN:	MS REX Appellant
AND:	MR ARATA Respondent
INDEPENDENT CHILDREN’S LAWYER

Appeal from:	Arata & Rex (No 5) [2024] FedCFamC1F 732
Appeal number:	NAA 320 of 2024
File number:	LEC 250 of 2021
Judgment of:	ALDRIDGE J
Date of judgment:	13 December 2024
Catchwords:	FAMILY LAW – APPEAL – Practice and procedure – Where the Notice of Appeal is prolix and vexatious in its current form – Where many of the grounds of appeal assert the primary judge erred by failing to accept the appellant’s case – Where it is inherently unlikely that a judge of the Federal Circuit and Family Court of Australia (Division 1) would make hundreds of errors material enough to vitiate the reasons – Notice of Appeal struck out – Where the appellant has leave to lodge an Amended Notice of Appeal for further consideration.
Cases cited:	Bondelmonte v Bondelmonte (2017) 259 CLR 662; [2017] HCA 8 Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63 House v The King (1936) 55 CLR 499; [1936] HCA 40 Tame v State of New South Wales (2002) 211 CLR 317; [2002] HCA 35
Number of paragraphs:	10
Date of hearing:	13 December 2024
Place:	Sydney (via video link)
The Appellant:	Self-represented litigant
Solicitor for the Respondent:	Burgess Family Law
The Independent Children’s Lawyer:	Did not participate

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	13 DECEMBER 2024