FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Scott & Munayallan (No 15) [2023] FedCFamC1F 838
File number(s): SYC 59 of 2010 Judgment of: ALDRIDGE J Date of judgment: 21 September 2023 Catchwords: FAMILY LAW – INTERIM HEARING – Where the applicant seeks a number of interlocutory orders, an order setting aside final property orders and an order that the liquidator’s remuneration of a company be dealt with in the Federal Court of Australia – Where the applicant made an oral application for an adjournment – Where it is not in the interests of justice to grant an adjournment – Where an appeal was already taken against her Honour’s orders and dismissed – Where her Honour already made orders in respect of the liquidator’s remuneration – Where there is no utility in the remaining proposed orders – No prospects of success – Application summarily dismissed – Applicant to pay the costs of the liquidator in a fixed sum.
FAMILY LAW – Oral application made by counsel for the liquidator and the company for the applicant to be declared a vexatious litigant under s 102QB of the Family Law Act 1975 (Cth) – Where the applicant was not given notice of that application and will need to be given an appropriate opportunity to respond to it – Pending the determination of the application, order made for the applicant to be restrained from filing any further application in the proceedings without leave of a judge first obtained – No objection to the application being determined on the papers – Orders for written submissions to be filed.
Legislation: Corporations Act 2001 (Cth) ss 198G, 471B
Family Law Act 1975 (Cth) ss 79A, 102QB
Federal Circuit and Family Court of Australia (Family Law) Rules 2001 (Cth) r 3.09
Cases cited: Matten & Munayallan [2023] FedCFamC1A 147
Scott & Munayallan (No 12) [2023] FedCFamC1F 665
Division: Division 1 First Instance Number of paragraphs: 42 Date of hearing: 21 September 2023 Place: Sydney The Applicant: Litigant in person The First Respondent: No appearance The Second Respondent: Litigant in person Counsel for the Third and Fourth Respondents: Mr Rose Solicitor for the Third and Fourth Respondents: ERA Legal ORDERS
SYC 59 of 2010 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR MATTEN
First Applicant
CC PTY LTD
Second Applicant
AND: MS MUNAYALLAN
First Respondent
MR SCOTT
Second Respondent
MR AB IN HIS CAPACITY AS LIQUIDATOR OF I PTY LTD (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
ALDRIDGE J
DATE OF ORDER:
21 SEPTEMBER 2023
THE COURT ORDERS THAT:
1.Mr AB in his capacity as liquidator of I Pty Ltd (in liq) is added as the third respondent to the proceedings.
2.I Pty Ltd (in liq) is added as the fourth respondent to the proceedings.
3.Pending further order, Mr Matten is restrained from filing any further application in these proceedings without the leave of a judge first obtained.
4.Leave is granted to Mr Matten to approach my chambers for leave…
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- AGLC
- Scott & Munayallan (No 15) [2023] FedCFamC1F 838
- Case
- [2023] FedCFamC1F 838
- Decision Date
CaseChat Overview and Summary
The court considered the legal issues and found that it was not in the interests of justice to grant an adjournment, as an appeal against the orders had already been dismissed. The court also found that there was no utility in the remaining proposed orders and that there were no prospects of success. Therefore, the application was summarily dismissed, and Mr Matten was ordered to pay the liquidator's costs. Additionally, the court restrained Mr Matten from filing any further applications without leave of a judge first obtained. The court granted leave for Mr Matten to approach the judge's chambers for leave to file any further applications or responses.
In summary, the court dismissed the application and restrained Mr Matten from filing further applications without leave. The court also granted leave for Mr Matten to approach the judge's chambers for leave to file any further applications or responses. Mr Matten was ordered to pay the costs of the liquidator fixed in the sum of $5,000 within 28 days. The court further ordered that Mr Matten file written submissions in response to the vexatious litigant application by 6 October 2023 and any submissions in response by 11 October 2023. The requirement to file any affidavit in support of the application was dispensed with.
The final orders of the court included the addition of Mr AB as liquidator of I Pty Ltd (in liquidation) and I Pty Ltd (in liquidation) as respondents, a restraint on Mr Matten from filing further applications without leave, and the dismissal of the application in a proceeding. Mr Matten was required to pay the costs of the liquidator fixed in the sum of $5,000 within 28 days and to file written submissions in response to the vexatious litigant application by a specified date. Any responses to the submissions were to be filed by a later date. The requirement to file any affidavit in support of the application was dispensed with.
Orders
Orders of the court
SYC 59 of 2010
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR MATTEN
First Applicant
CC PTY LTD
Second Applicant
AND:
MS MUNAYALLAN
First Respondent
MR SCOTT
Second Respondent
MR AB IN HIS CAPACITY AS LIQUIDATOR OF I PTY LTD (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
ALDRIDGE J
DATE OF ORDER:
21 SEPTEMBER 2023
THE COURT ORDERS THAT:
1. Mr AB in his capacity as liquidator of I Pty Ltd (in liq) is added as the third respondent to the proceedings.
2. I Pty Ltd (in liq) is added as the fourth respondent to the proceedings.
3. Pending further order, Mr Matten is restrained from filing any further application in these proceedings without the leave of a judge first obtained.
4. Leave is granted to Mr Matten to approach my chambers for leave to file any further application or response to any application.
5. The Application in a Proceeding filed on 13 September 2023 is dismissed.
6. Mr Matten is to pay the costs of Mr AB as liquidator of I Pty Ltd (in liq) and I Pty Ltd (in liq) fixed in the sum of $5,000 within 28 days.
7. Mr Matten is to file and serve written submissions in response to the vexatious litigant application on or before 6 October 2023.
8. Any submissions in response are to be filed and served by 11 October 2023.
9. The requirement to file any affidavit in support of the application is dispensed with.
NOTATION:
A. An oral application has been made by Mr AB as liquidator for I Pty Ltd (in liq) for Mr Matten to be declared a vexatious litigant under s 102QB of the Family Law Act 1975 (Cth).
B. Mr Matten is thereby on notice of that application and has agreed to that application being determined on the basis of written submissions in chambers.
C.
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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