Ryder & Brooks (No 2)

Case [2024] FedCFamC2F 708


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Ryder & Brooks (No 2) [2024] FedCFamC2F 708

File number(s): PAC 883 of 2023
Judgment of: JUDGE STREET
Date of judgment: 31 May 2024
Catchwords: FAMILY LAW – stay application for stay of final parenting and property orders pending appeal –s61DB should not have been repealed - requirements for reconsideration of final parenting orders not satisfied -application for stay refused - costs
Legislation:

Family Law Act 1975 (Cth)

Federal Circuit and Family Court Australia Act 2021 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules2021 (Cth)

Cases cited:

Aldridge & Keaton [2009] FamCAFC 106

Alexander v Cambridge Credit Corporation (1985) 2 NSW LR 685

Clemett & Clemett [1980] FamCA 90; (1981) FLC 91-013

Creighton & Creighton (No 5) [2023] FedCFamC1F 424

Daily & Daily (No 4) [2024] FedCFamC1F 149

Friscioni & Friscioni [2009] FamCAFC 43

Gronow v Gronow [1979] HCA 63; (1979) 144 CLR 513; (1979) FLC 90-716

Hotchkiss & Marek (No 2) [2021] FedCFamC2F 598

House v The King (1936) 55 CLR 499

Jennings Construction Limited v Burgundy Royale Investments Pty Limited [1986] HCA 84; (1986) 161 CLR 681

JRN & KEN v IEG & BLG [1998] HCATrans 263; (1998) 72 ALJR 1329

Lao & Zeng [2021] FedCFamC1A 17

The Commissioner of Taxation of the Commonwealth of Australia v Myer Emporium Limited [No.1] [1986] HCA 13; (1986) 160 CLR 220

Tyrell & Tyrell (No 2) [2022] FedCFamC2F 1466

Division: Division 2 Family Law
Number of paragraphs: 84
Date of hearing: 31 May 2024
Place: Sydney
Counsel for the Applicant: Mr J Bennett
Solicitor for the Applicant: Coleman Greig Lawyers
Solicitor for the Respondent: Mr L Dickson of Hills Family Law Centre

ORDERS

PAC 883 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS RYDER

Applicant

AND:

MR BROOKS

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

31 MAY 2024

AMENDED UNDER SLIP RULE 10.13(1)(E)

THE COURT ORDERS THAT:

1.The application in a proceeding filed 29 May 2024 is dismissed.

2.The respondent pay the applicant’s costs of the proceedings including the above application in a proceeding dismissed fixed in the amount of $78,000 within 28 days.

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 a pseudonym has been approved pursuant to subsection…

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AGLC
Ryder & Brooks (No 2) [2024] FedCFamC2F 708
Case
[2024] FedCFamC2F 708
Decision Date

CaseChat Overview and Summary

The applicant, Ms Ryder, sought a stay of final parenting and property orders made in divorce proceedings, pending an appeal against the decision. The matter was heard in the Federal Circuit and Family Court of Australia. The respondent, Mr Brooks, opposed the stay application, arguing that it should be dismissed on the basis that the applicant had failed to satisfy the requirements for reconsideration of the final parenting orders.

The court was required to determine whether the applicant had satisfied the requirements for reconsideration of the final parenting orders and whether the applicant's application for a stay should be granted under section 61DB of the Family Law Act 1975 (Cth). The court considered whether the requirements for reconsideration of final parenting orders were satisfied and whether the applicant's application for a stay should be granted under section 61DB of the Family Law Act 1975 (Cth). The court noted that section 61DB had been repealed but held that it should not have been repealed and that the requirements for reconsideration of final parenting orders had not been satisfied. The court held that the application for a stay should be dismissed and that the respondent should pay the applicant's costs of the proceedings, including the stay application, in the amount of $78,000.

The court dismissed the applicant's application for a stay of final parenting and property orders pending appeal. The court held that the requirements for reconsideration of final parenting orders had not been satisfied and that the application for a stay should be dismissed. The court also held that the respondent should pay the applicant's costs of the proceedings, including the stay application, in the amount of $78,000.

Orders

Orders of the court

PAC 883 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS RYDER

Applicant

AND:

MR BROOKS

Respondent

ORDER MADE BY:

JUDGE STREET

DATE OF ORDER:

31 MAY 2024

AMENDED UNDER SLIP RULE 10.13(1)(E)

THE COURT ORDERS THAT:

1. The application in a proceeding filed 29 May 2024 is dismissed.

2. The respondent pay the applicant’s costs of the proceedings including the above application in a proceeding dismissed fixed in the amount of $78,000 within 28 days.

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

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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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