Rong & Huan (No 2)

Case [2022] FedCFamC2F 429


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Rong & Huan (No 2) [2022] FedCFamC2F 429

File number(s): CAC 958 of 2021
Judgment of: JUDGE W J NEVILLE
Date of judgment: 29 March 2022 
Catchwords: FAMILY LAW – Parenting and property Applications – Stay application in relation to interim parenting Orders of 10 February 2022 – extremely poorly prepared Application made it impossible to determine what the grounds of appeal are – complete lack of evidence and complete poverty in the minimal authority cited – Application refused with all costs reserved potentially on an indemnity basis.    
Legislation: Family Law Act 1975 (Cth) s 60CC
Cases cited:

Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106

Anderson v Senior (Stay Appeal) [2013] FamCAFC 152; (2013) 279 FLR 399; (2014) 50 Fam LR 21

Banque Commerciale SA (en liq) v Akhil Holdings Ltd (1990) 169 CLR 279

Bergmann & Bergmann [2022] FedCFamC1A 38

Bondelmonte v Bondelmonte (2017) CLR 662

CDJ v VAJ (1998) 197 CLR 172

Chapa & Chapa [2013] FamCAFC 52

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Goode v Goode (2006) 206 FLR 2021; (2007) 36 Fam LR 422

Gronow & Gronow (1979) 144 CLR 513

Jennings Construction Ltd v Burgundy Royale Investments Pty Limited (1986) 161 CLR 681

Jones v Dunkel (1959) 101 CLR 298

K & B (2006) FLC 93-288

Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1

Sigley v Evor (2011) 44 Fam LR 439

Whisprun Pty Ltd v Dixon (2003) 200 ALR 447

Division: Division 2 Family Law
Number of paragraphs: 86
Date of hearing: 24 March 2022
Place: Canberra
Counsel for Applicant: Mr R Bell
Solicitor for Applicant: Mazengarb Family Lawyers
Counsel for Respondent: Mr J Haddock
Solicitor for Respondent: Mark Hanna Lawyers
Solicitor for Independent Children’s Lawyer: Legal Aid ACT

ORDERS

CAC 958 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR RONG
Applicant

AND:

MS HUAN
Respondent

LEGAL AID ACT
Independent Children’s Lawyer

ORDER MADE BY:

JUDGE W J NEVILLE

DATE OF ORDER:

29 MARCH 2022

UNTIL FURTHER ORDER, THE COURT ORDERS THAT:

1.The Application in a Proceeding, filed 10th March 2022, seeking a stay of the Orders of the Court dated 10th February 2022, be refused and dismissed.

2.The parties’ costs be reserved, including indemnity costs.

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…

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AGLC
Rong & Huan (No 2) [2022] FedCFamC2F 429
Case
[2022] FedCFamC2F 429
Decision Date

CaseChat Overview and Summary

The father, Rong, filed an application for a stay of the interim parenting orders made on 10 February 2022. The orders required the child Y to be returned to Australia from China. The mother, Huan, opposed the application for a stay. The court was required to decide whether to grant a stay of the orders and, if so, on what terms. The court considered the legal principles applicable to a stay application, including the importance of the best interests of the child, the desirability of limiting changes in a child’s living arrangements, and the strength of the proposed appeal. The court also considered the evidence and arguments presented by both parties. The court found that the father’s application for a stay was poorly prepared and lacked evidentiary support. The court found that the father had failed to provide any evidence from Y’s primary carers in China, his paternal grandparents. The court found that the father’s arguments were generalised, unspecific, and unsupported by evidence or authority. The court found that the father’s conduct in relation to the stay application was antithetical to a proper assessment of the merits of the appeal. The court found that the refusal to grant a stay was not in the best interests of either or both children. The court refused the application for a stay and dismissed it with all costs reserved, including any application for indemnity costs.

Orders

Orders of the court

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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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