Shala & Shala (No 2) - [2025] FedCFamC2F 478

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Shala & Shala (No 2) [2025] FedCFamC2F 478

File number(s): HBC 80 of 2023

Judgment of: JUDGE TAGLIERI

Date of judgment: 14 April 2025

Catchwords:
FAMILY LAW – Transfer to Division 1 – where the wife seeks transfer of proceedings to Division 1 of the Court – where the husband opposes the transfer – findings that the length of the hearing, the complexity of the issues in dispute, and the potential for orders against a corporation weigh in favour of a transfer to Division 1 – transfer ordered

FAMILY LAW – Change of venue – where wife seeks a change of venue to the Melbourne Registry of the Court – where the husband opposes the change of venue – where the wife resides in Tasmania and the husband resides in New South Wales – where the parties’ real property is located in Tasmania – change of venue declined

Legislation:
Corporations Act 2001 (Cth) s 1337

Family Law Act 1975 (Cth) s 102NA

Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 149, 149(4), 184

Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) r 3.01

Cases Cited: Graham & Squibb [2019] FamCAFC 33

Division: Division 2 Family Law

Number of paragraphs: 29

Date of hearing: 9 April 205

Place: Hobart

For the Applicant: In person

For the Respondent: In person
ORDERS

HBC 80 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS SHALA

Applicant

AND:
MR SHALA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

14 APRIL 2025

THE COURT ORDERS THAT:
1.These proceedings are transferred to Division 1 of the Federal Circuit and Family Court of Australia in Hobart and to a date to be fixed by that Court.
2.The Application in a Proceeding filed 18 February 2025 is otherwise 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).
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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
Judge Taglieri

These are property proceedings in which the parties make competing claims about a financial agreement made on or around 28 February 2018 and revised on or about 20 February 2020[1] (the financial agreements”).
[1] Amended Initiating Application filed 6 March 2023; Response to Final…

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 Shala & Shala (No 2)

Details

AGLC: Shala & Shala (No 2) [2025] FedCFamC2F 478
Case: [2025] FedCFamC2F 478
Decision Date: 14 April 2025

CaseChat Overview and Summary

Ms Shala applied to transfer proceedings to Division 1 of the Federal Circuit and Family Court of Australia and to change the venue to the Melbourne Registry of the Court. Mr Shala opposed the application. The proceedings involved issues of property settlement, child support, and parenting. The Court considered the appropriate venue for the hearing, taking into account the length of the hearing, the complexity of the issues in dispute, and the potential for orders against a corporation.

The Court found that the length of the hearing, the complexity of the issues in dispute, and the potential for orders against a corporation were factors that weighed in favour of a transfer to Division 1. The Court noted that the proceedings involved significant property and financial issues, and that there was a risk of conflict with the husband’s business interests if the proceedings were held in New South Wales. The Court also noted that the wife resided in Tasmania and the real property was located in Tasmania, which supported a transfer to the Hobart Registry of the Court. However, the Court declined to change the venue to the Melbourne Registry of the Court, noting that the husband resided in New South Wales and that the change of venue would cause significant inconvenience to the parties and witnesses.

The Court ordered that the proceedings be transferred to Division 1 of the Federal Circuit and Family Court of Australia in Hobart. The Court declined to change the venue to the Melbourne Registry of the Court. The Court noted that the transfer to Division 1 would allow for a more comprehensive and efficient resolution of the issues in dispute, and that the inconvenience caused to the parties and witnesses by the change of venue to Melbourne outweighed the benefits of holding the proceedings in that location.

Orders

Orders of the court

HBC 80 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS SHALA

Applicant

AND:

MR SHALA

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

14 APRIL 2025

THE COURT ORDERS THAT:

1. These proceedings are transferred to Division 1 of the Federal Circuit and Family Court of Australia in Hobart and to a date to be fixed by that Court.

2. The Application in a Proceeding filed 18 February 2025 is otherwise 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).

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.

File number(s):	HBC 80 of 2023
Judgment of:	JUDGE TAGLIERI
Date of judgment:	14 April 2025
Catchwords:	FAMILY LAW – Transfer to Division 1 – where the wife seeks transfer of proceedings to Division 1 of the Court – where the husband opposes the transfer – findings that the length of the hearing, the complexity of the issues in dispute, and the potential for orders against a corporation weigh in favour of a transfer to Division 1 – transfer ordered FAMILY LAW – Change of venue – where wife seeks a change of venue to the Melbourne Registry of the Court – where the husband opposes the change of venue – where the wife resides in Tasmania and the husband resides in New South Wales – where the parties’ real property is located in Tasmania – change of venue declined
Legislation:	Corporations Act 2001 (Cth) s 1337 Family Law Act 1975 (Cth) s 102NA Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 149, 149(4), 184 Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021 (Cth) r 3.01
Cases Cited:	Graham & Squibb [2019] FamCAFC 33
Division:	Division 2 Family Law
Number of paragraphs:	29
Date of hearing:	9 April 205
Place:	Hobart
For the Applicant:	In person
For the Respondent:	In person

HBC 80 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS SHALA Applicant
AND:	MR SHALA Respondent

ORDER MADE BY:	JUDGE TAGLIERI
DATE OF ORDER:	14 APRIL 2025