Sciacchitano & Zhukov

Case [2024] FedCFamC1A 224


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Sciacchitano & Zhukov [2024] FedCFamC1A 224

Appeal from: Sciacchitano & Zhukov [2024] FedCFamC2F 1071
Appeal number: NAA 220 of 2024
File number: PAC 1584 of 2022
Judgment of: ALDRIDGE J
Date of judgment: 2 December 2024
Catchwords: FAMILY LAW – APPEAL – Parenting – Where the primary judge found he could not determine what was in the three year old child’s best interest beyond six years of age – Where the primary judge did not fail to consider the prospect of further litigation – Construction of s 65DAAA – Where the orders accord with recommendations from the Court Child Expert such that the parties were on notice – No procedural unfairness – Claims the respondent’s evidence should not have been accepted – Where the outcome is not glaringly improbable or contrary to compelling inferences – Adequate reasons – Appeal dismissed – Appellant to pay the respondent’s costs in a fixed sum.
Legislation: Family Law Act 1975 (Cth) ss 60CC, 65DAAA
Cases cited:

Lee v Lee (2019) 266 CLR 129; [2019] HCA 28

Melounis & Melounis(No 4) [2024] FedCFamC1F 778

Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28

Rasheem & Rasheem [2024] FedCFamC1F 595

Rice and Asplund (1979) FLC 90-725; [1978] FamCA 84

Robinson Helicopter Co Inc v McDermott (2016) 331 ALR 550; [2016] HCA 22

Whitehill & Talaska [2024] FedCFamC2F 768

Number of paragraphs: 35
Date of hearing: 25 November 2024
Place: Sydney
Counsel for the Appellant: Mr Connor
Solicitor for the Appellant: One Law Group Pty Ltd
Counsel for the Respondent: Ms Rebehy
Solicitor for the Respondent: Hammond Nguyen Turnbull

ORDERS

NAA 220 of 2024
PAC 1584 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR SCIACCHITANO

Appellant

AND:

MS ZHUKOV

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

2 DECEMBER 2024

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.The appellant pay the respondent’s costs fixed in the sum of $15,000 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 the pseudonym Sciacchitano & Zhukov has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

ALDRIDGE J:

Continue reading Sciacchitano & Zhukov

Sign in free to access the full text

Details
AGLC
Sciacchitano & Zhukov [2024] FedCFamC1A 224
Case
[2024] FedCFamC1A 224
Decision Date

CaseChat Overview and Summary

The appeal before the court was brought by Mr Sciacchitano, the appellant, against the decision made by the primary judge in the matter of his dispute with Ms Zhukov, the respondent, concerning parenting arrangements for their three-year-old child. The Federal Circuit and Family Court of Australia, in its appellate jurisdiction, heard the appeal and provided its decision on 2 December 2024. The primary judge had determined that he could not ascertain what was in the child’s best interests beyond six years of age. The appellant contended that the primary judge had failed to consider the prospect of further litigation and questioned the construction of section 65DAAA of the Family Law Act. Furthermore, the appellant argued that the respondent’s evidence should not have been accepted and that the outcome was glaringly improbable or contrary to compelling inferences.

The court was tasked with examining whether the primary judge erred in his consideration of future litigation and the interpretation of section 65DAAA. Additionally, the court had to determine if there was procedural unfairness, whether the appellant's claims about the respondent's evidence were valid, and if the outcome was against compelling inferences. The court found that the primary judge had not failed to consider the prospect of further litigation and provided adequate reasons for his decision. The orders made by the primary judge were in line with the recommendations from the Court Child Expert, ensuring that the parties were aware of the potential outcomes. The court held that the outcome was not glaringly improbable or contrary to compelling inferences, and there was no procedural unfairness.

The court dismissed the appeal and ordered the appellant to pay the respondent’s costs in a fixed sum of $15,000 within 28 days. The form of the order is subject to review and potential variation as per the relevant rules of the Federal Circuit and Family Court of Australia. This decision underscores the importance of adhering to the recommendations of experts and ensuring that parties are adequately informed of potential outcomes in parenting disputes.

The court’s reasoning and final orders reflect a balanced approach to the complex considerations inherent in family law matters, particularly those involving young children.

Orders

Orders of the court

NAA 220 of 2024

PAC 1584 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MR SCIACCHITANO

Appellant

AND:

MS ZHUKOV

Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

2 DECEMBER 2024

THE COURT ORDERS THAT:

1. The appeal is dismissed.

2. The appellant pay the respondent’s costs fixed in the sum of $15,000 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

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.