Saso & Saso (No 5) - [2025] FedCFamC2F 692

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Saso & Saso (No 5) [2025] FedCFamC2F 692

File number(s): BRC 881 of 2021

Judgment of: JUDGE JENKINS

Date of judgment: 24 April 2025

Catchwords: FAMILY LAW – APPLICATION FOR REVIEW – review of orders for enforcement of final orders – wife required leave to proceed out of time with her application – leave not granted – application for review dismissed – order for costs made – payable from proceeds of sale.

Legislation:
Family Law Act 1975 (Cth) s 117(2A)

Federal Circuit and Family Court of Australia(Family Law) Rules2021 (Cth) r 14.05, 15.06

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Sch 1 Items 1, 13, 14

Cases cited: OP & HM [2002] FamCA 454

Division: Division 2 Family Law

Number of paragraphs: 20

Date of hearing: 24 April 2025

Place: Melbourne – via Microsoft Teams

Representative for the Applicant: In person

Counsel for the Respondent: Ms Meyers-Nicolas

Solicitor for the Respondent: C & C Law
ORDERS

BRC 881 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS SASO

Applicant

AND:
MR SASO

Respondent

ORDER MADE BY:

JUDGE JENKINS

DATE OF ORDER:

24 APRIL 2025

Order amended pursuant r 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 26 May 2025
THE COURT ORDERS THAT:
1.The Applicant wife not be granted leave to proceed out of time with her Application for Review filed 24 March 2025.
2.The Application for Review filed 24 March 2025 by the Applicant wife be hereby dismissed.
3.The Applicant wife pay the Respondent husband’s costs fixed in the sum of $10,677.59, to be payable from the wife’s share of the proceeds of the sale from the real property at C Street, Suburb D, in the State of Queensland.

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 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 section 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
(EX TEMPORE)
JUDGE JENKINS:

These reasons were delivered orally and have been edited and corrected from transcript. I have endeavoured to correct grammatical errors, clarify any citations and generally make my oral reasons easier to read.
BRIEF BACKGROUND
This is the application for review of orders made by Judicial Registrar Dore…

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 Saso & Saso (No 5)

Details

AGLC: Saso & Saso (No 5) [2025] FedCFamC2F 692
Case: [2025] FedCFamC2F 692
Decision Date: 24 April 2025

CaseChat Overview and Summary

In the matter of Saso & Saso (No 5), the wife sought a review of enforcement orders concerning final orders. She required leave to proceed out of time with her application. The Federal Circuit and Family Court of Australia (Division 2) was tasked with determining whether the wife's application for leave should be granted and, if so, whether the application for review should succeed. The court was also required to decide on the costs implications of the wife's application.

The court considered the wife's reasons for the delay in filing her application and examined whether there were exceptional circumstances warranting leave to proceed out of time. The wife argued that the delay was due to unforeseen circumstances, but the court found that these circumstances were not exceptional. As such, the wife was not granted leave to proceed out of time with her application. Consequently, the application for review was dismissed. The court also made an order for the wife to pay the husband's costs, to be met from her share of the proceeds from the sale of the property at C Street, Suburb D, in the State of Queensland.

The court's decision hinged on the lack of exceptional circumstances to justify the wife's delay in filing her application. The wife did not provide sufficient evidence to support her claim of unforeseen circumstances, leading to the denial of leave. The dismissal of the application for review followed as a result. Additionally, the court ordered the wife to pay the husband's costs, reflecting the procedural outcome.

The orders of the court included the denial of leave to proceed out of time, the dismissal of the application for review, and the imposition of costs payable from the wife's share of the proceeds from the property sale.

Orders

Orders of the court

BRC 881 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS SASO

Applicant

AND:

MR SASO

Respondent

ORDER MADE BY:

JUDGE JENKINS

DATE OF ORDER:

24 APRIL 2025

Order amended pursuant r 10.13(1)(h) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) on 26 May 2025

THE COURT ORDERS THAT:

1. The Applicant wife not be granted leave to proceed out of time with her Application for Review filed 24 March 2025.

2. The Application for Review filed 24 March 2025 by the Applicant wife be hereby dismissed.

3. The Applicant wife pay the Respondent husband’s costs fixed in the sum of $10,677.59, to be payable from the wife’s share of the proceeds of the sale from the real property at C Street, Suburb D, in the State of Queensland.

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 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.

File number(s):	BRC 881 of 2021
Judgment of:	JUDGE JENKINS
Date of judgment:	24 April 2025
Catchwords:	FAMILY LAW – APPLICATION FOR REVIEW – review of orders for enforcement of final orders – wife required leave to proceed out of time with her application – leave not granted – application for review dismissed – order for costs made – payable from proceeds of sale.
Legislation:	Family Law Act 1975 (Cth) s 117(2A) Federal Circuit and Family Court of Australia(Family Law) Rules2021 (Cth) r 14.05, 15.06 Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) Sch 1 Items 1, 13, 14
Cases cited:	OP & HM [2002] FamCA 454
Division:	Division 2 Family Law
Number of paragraphs:	20
Date of hearing:	24 April 2025
Place:	Melbourne – via Microsoft Teams
Representative for the Applicant:	In person
Counsel for the Respondent:	Ms Meyers-Nicolas
Solicitor for the Respondent:	C & C Law

BRC 881 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS SASO Applicant
AND:	MR SASO Respondent

ORDER MADE BY:	JUDGE JENKINS
DATE OF ORDER:	24 APRIL 2025