SCVG & Estate of KLD (No 9)

[2023] FedCFamC1F 807

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

SCVG & Estate of KLD (No 9) [2023] FedCFamC1F 807

File number(s):	SYC 4380 of 2008 SYC 5956 of 2016
Judgment of:	GILL J
Date of judgment:	13 September 2023
Catchwords:	FAMILY LAW – INJUNCTIONS – INTERLOCUTORY – Where there is an application in a proceeding to restrain the applicant from initiating further proceedings – Where the application is made in the context of an application for the applicant to be declared a vexatious litigant – Where the applicant has been declared a vexatious litigant in parenting proceedings – Where abuse of process by the applicant has been found on a number of occasions – Where the context and history of the matter is sufficient to warrant interlocutory relief – Applicant restrained by injunction from initiating further proceedings without obtaining leave of the court
Legislation:	Family Law Act 1975 (Cth)
Division:	Division 1 First Instance
Number of paragraphs:	2
Date of hearing:	13 September 2023
Place:	Canberra
Solicitor for the Applicant:	Litigant in Person
Counsel for the First Respondent:	Mr Cox, SC, with Ms Seric
Solicitor for the First Respondent:	Macphillamy’s
Solicitor for the Second Respondent:	Mr Eskerie, Sparke Helmore

ORDERS

SYC 4380 of 2008
SYC 5956 of 2016

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR SCVG

Applicant

AND:

ESTATE OF MS KLD

First Respondent

CHILD SUPPORT REGISTRAR

Second Respondent

ORDER MADE BY:	GILL J
DATE OF ORDER:	13 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.Mr SCVG is restrained by injunction from initiating proceedings, either in Division 1 or Division 2 of the Federal Circuit and Family Court of Australia pending further order of the court, without first obtaining the leave of the court to do so.

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

GILL J

1. In these proceedings the Estate seeks by urgent oral application to restrain Mr SCVG from filing any new process in either Division 1 or Division 2 of the Federal Circuit and Family Court of Australia.  They do so on the basis that live before the court in the context where Mr SCVG has already been declared a vexatious litigant in respect of parenting proceedings, is a further application to have Mr SCVG declared a vexatious litigant in relation to other proceedings occurring within the jurisdiction.  In aid of doing so they identify a number of occasions where it has been found that Mr SCVG has conducted proceedings as an abuse of process.  Accordingly, they assert that they have a sufficiently arguable claim for the protection given by the vexatious litigant provisions contained within the Family Law Act.  Those aspects of the history of Mr SCVG, including the two particular findings that I have made as to his applications being an abuse of process are sufficient to warrant interlocutory relief to maintain the status quo and protect the Estate pending the full determination of whether or not an order should be made in relation to Mr SCVG as a vexatious litigant.  It would be oppressive for the Estate to deal with further proceedings in the face of the current proceedings that he be so dealt with, and oppressive for them to be caused to seek a stay of further proceedings.  It is anticipated that such an injunction would be in place for a short period pending the determination of the substantive matter.  I consider that it is just and convenient to give that relief. 

2. Accordingly, it is ordered that Mr SCVG is restrained by injunction from initiating proceedings, either in Division 1 or Division 2 of the Federal Circuit and Family Court of Australia pending further order of the court, without first obtaining the leave of the court to do so.

I certify that the preceding two (2) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Gill.

Associate:

Dated:       20 September 2023