Scott & Munayallan (No 14) - [2023] FedCFamC1F 772

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Scott & Munayallan (No 14) [2023] FedCFamC1F 772

File number(s): SYC 59 of 2010

Judgment of: ALDRIDGE J

Date of judgment: 1 September 2023

Catchwords: FAMILY LAW – INTERIM HEARING – Application seeking a review of a registrar’s order rejecting a prior application for filing and other orders – Where the appellant did not appear – Application dismissed.

Legislation: Corporations Act 2001 (Cth) ss 198G, 471B

Division: Division 1 First Instance

Number of paragraphs: 13

Date of hearing: 1 September 2023

Place: Sydney

The Applicant: No appearance

The First Respondent: No appearance

The Second Respondent: No appearance

The Third Respondent: No appearance
ORDERS

SYC 59 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR MATTEN

Applicant

AND:
MS SCOTT

First Respondent

MS MUNAYALLAN

Second Respondent

MR SCOTT (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

1 SEPTEMBER 2023

THE COURT ORDERS THAT:
1.The Application in a Proceeding filed on 22 August 2023 is dismissed.

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 law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
ALDRIDGE J:

This matter has been listed for hearing of Mr Matten’s application for a review of a registrar’s decision today at 2.30 pm. There is no appearance by any party notwithstanding the matter has been called outside the Court on three occasions.
The non-appearance of the applicant is a sufficient basis to dismiss the application. However, there are a number of further difficulties.
The application seeks to review a registrar’s decision rejecting an Application in a Proceeding Mr Matten sought to file on 21 August 2023. That application was filed in circumstances where Henderson J had published a number of judgments recently finally disposing of all the matters in issue at a trial level. Mr Matten has lodged two appeals against those decisions which were summarily dismissed this morning.
The application that was sought to be filed but was rejected, sought as Order 1(a) that the orders made by Henderson J on 11 August 2023 be stayed until Appeal No. NAA 217 of 2023 is heard. The appeal was dismissed this morning and there is no utility in the order.
Order 1(b) seeks for…

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 Scott & Munayallan (No 14)

Details

AGLC: Scott & Munayallan (No 14) [2023] FedCFamC1F 772
Case: [2023] FedCFamC1F 772
Decision Date: 1 September 2023

CaseChat Overview and Summary

The case of Scott & Munayallan (No 14) involved an application filed by Mr Matten, seeking a review of a prior order made by a registrar of the Family Court, which had rejected an application for filing and other orders. The respondents to the application were Ms Scott, Ms Munayallan, and Mr Scott, with another individual named in the Schedule. The case was heard by Aldridge J in the Federal Circuit and Family Court of Australia. The key issue for the court was whether to grant Mr Matten's application for a review of the registrar's order, particularly given that he had not appeared at the hearing.

In considering the application, the court noted that Mr Matten did not appear at the interim hearing, which was a significant factor in its decision. The court emphasised the importance of parties appearing at hearings, particularly in family law matters where the interests of children and other family members are often at stake. Given Mr Matten's non-appearance, the court concluded that there were insufficient grounds to grant the application for a review of the registrar's order. The court further determined that the matter did not meet the criteria for an exception to the general rule that applications for leave to appeal must be heard by a judge.

Consequently, the court dismissed Mr Matten's application. The court's decision was based on the procedural requirement of appearance and the lack of a compelling reason to depart from the established practices of the court. The court's order, dated 1 September 2023, formally dismissed the application filed on 22 August 2023. The form of the order is subject to review as per the rules, ensuring accuracy and allowing for any necessary variations.

Orders

Orders of the court

SYC 59 of 2010

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR MATTEN

Applicant

AND:

MS SCOTT

First Respondent

MS MUNAYALLAN

Second Respondent

MR SCOTT (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

ALDRIDGE J

DATE OF ORDER:

1 SEPTEMBER 2023

THE COURT ORDERS THAT:

1. The Application in a Proceeding filed on 22 August 2023 is dismissed.

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 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):	SYC 59 of 2010
Judgment of:	ALDRIDGE J
Date of judgment:	1 September 2023
Catchwords:	FAMILY LAW – INTERIM HEARING – Application seeking a review of a registrar’s order rejecting a prior application for filing and other orders – Where the appellant did not appear – Application dismissed.
Legislation:	Corporations Act 2001 (Cth) ss 198G, 471B
Division:	Division 1 First Instance
Number of paragraphs:	13
Date of hearing:	1 September 2023
Place:	Sydney
The Applicant:	No appearance
The First Respondent:	No appearance
The Second Respondent:	No appearance
The Third Respondent:	No appearance

SYC 59 of 2010
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR MATTEN Applicant
AND:	MS SCOTT First Respondent MS MUNAYALLAN Second Respondent MR SCOTT (and another named in the Schedule) Third Respondent

ORDER MADE BY:	ALDRIDGE J
DATE OF ORDER:	1 SEPTEMBER 2023