Simpson & Simpson (No 2) - [2025] FedCFamC2F 903

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Simpson & Simpson (No 2) [2025] FedCFamC2F 903

File number(s): HBC 1044 of 2021

Judgment of: JUDGE TAGLIERI

Date of judgment: 3 July 2025

Catchwords: FAMILY LAW –PRACTICE & PROCEDURE – application by the wife for leave to reopen for purpose of adducing further evidence after the close of the final hearing – where closing submissions were agreed to be made in writing – where judgment on the substantive application was reserved – leave to reopen granted on a limited basis to adduce specific documents – leave granted to the husband to adduce confined evidence in rebuttal to alleviate possible procedural unfairness

Legislation:
Family Law Act 1975 (Cth) ss 79, 95, 95(1)(d)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.20

Cases cited:
McDermott & McDermott and Ors [2016] FamCA 613

Tsiang & Wu (No 2) [2023] FedCFamC1F 23

Division: Division 2 Family Law

Number of paragraphs: 53

Date of hearing: 18 June 2025

Place: Hobart

For the Applicant: In person

Counsel for the Respondent: Mr McKenna

Solicitor for the Respondent: FitzGerald & Browne
ORDERS

HBC 1044 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MS SIMPSON

Applicant

AND:
MR SIMPSON

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

3 JULY 2025

THE COURT ORDERS THAT:
1.Leave is granted to the Applicant Wife to reopen her case for the limited purpose of tendering:
(a)A job advertisement with B Company, disclosed 28 May 2025;
(b)An undated email from C Company private health insurer regarding rebates for item code …; and
(c)Fee estimates from Dr D, plastic and reconstructive surgeon, dated 11 June 2025.

2.The Application in a Proceeding filed 10 June 2025 is otherwise dismissed.
3.The Respondent Husband is granted leave to file and serve an affidavit limited to four A4 pages (not including annexures) in rebuttal of the evidence contained in the documents referred to in Orders 1(b) and 1(c) of these Orders, such leave to be exercised by 5:00pm on 24 July 2025.
4.By 5:00pm on 7 August 2025, the Respondent Husband file and serve written closing submissions specifically particularising what he submits as:
(a)The total reasonable and necessary expenses of the Applicant Wife;
(b)The income and earning capacity of the Applicant Wife; and
(c)The capacity of the Respondent Husband to meet a spousal maintenance order.

5.By 5:00pm on 21 August 2025, the Applicant Wife file and serve written closing submissions specifically particularising what she submits as:
(a)The total reasonable and necessary expenses of the Applicant Wife;
(b)The income and earning capacity of the Applicant Wife; and
(c)The capacity of the Respondent Husband to meet a spousal maintenance order.

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…

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 Simpson & Simpson (No 2)

Details

AGLC: Simpson & Simpson (No 2) [2025] FedCFamC2F 903
Case: [2025] FedCFamC2F 903
Decision Date: 3 July 2025

CaseChat Overview and Summary

The applicant, Ms Simpson, sought leave to reopen her case in a family law proceeding for the purpose of introducing new evidence after the final hearing had concluded. Mr Simpson, the respondent, opposed this application. The matter was heard in Division 2 of the Federal Circuit and Family Court of Australia. The primary legal issue the court needed to resolve was whether Ms Simpson should be allowed to introduce additional evidence and, if so, under what conditions. The court also had to consider whether allowing the reopening of the case would cause procedural unfairness to Mr Simpson.

The court granted Ms Simpson leave to reopen her case to adduce specific documents, including a job advertisement, an email from a health insurer, and fee estimates from a surgeon. This decision was based on the court's assessment that the documents were relevant and could impact the final outcome of the case. The court also considered the procedural fairness to Mr Simpson, allowing him to adduce confined evidence in rebuttal to the new documents and to provide written closing submissions on certain financial matters. The court's decision balanced the need for a fair process with the potential benefits of considering new evidence that could affect the final outcome of the case.

Orders

Orders of the court

HBC 1044 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS SIMPSON

Applicant

AND:

MR SIMPSON

Respondent

ORDER MADE BY:

JUDGE TAGLIERI

DATE OF ORDER:

3 JULY 2025

THE COURT ORDERS THAT:

1. Leave is granted to the Applicant Wife to reopen her case for the limited purpose of tendering:

(a) A job advertisement with B Company, disclosed 28 May 2025;

(b) An undated email from C Company private health insurer regarding rebates for item code …; and

2. The Application in a Proceeding filed 10 June 2025 is otherwise dismissed.

3. The Respondent Husband is granted leave to file and serve an affidavit limited to four A4 pages (not including annexures) in rebuttal of the evidence contained in the documents referred to in Orders 1(b) and 1(c) of these Orders, such leave to be exercised by 5:00pm on 24 July 2025.

4. By 5:00pm on 7 August 2025, the Respondent Husband file and serve written closing submissions specifically particularising what he submits as:

(a) The total reasonable and necessary expenses of the Applicant Wife;

(b) The income and earning capacity of the Applicant Wife; and

5. By 5:00pm on 21 August 2025, the Applicant Wife file and serve written closing submissions specifically particularising what she submits as:

(a) The total reasonable and necessary expenses of the Applicant Wife;

(b) The income and earning capacity of the Applicant Wife; and

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 1044 of 2021
Judgment of:	JUDGE TAGLIERI
Date of judgment:	3 July 2025
Catchwords:	FAMILY LAW –PRACTICE & PROCEDURE – application by the wife for leave to reopen for purpose of adducing further evidence after the close of the final hearing – where closing submissions were agreed to be made in writing – where judgment on the substantive application was reserved – leave to reopen granted on a limited basis to adduce specific documents – leave granted to the husband to adduce confined evidence in rebuttal to alleviate possible procedural unfairness
Legislation:	Family Law Act 1975 (Cth) ss 79, 95, 95(1)(d) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 8.20
Cases cited:	McDermott & McDermott and Ors [2016] FamCA 613 Tsiang & Wu (No 2) [2023] FedCFamC1F 23
Division:	Division 2 Family Law
Number of paragraphs:	53
Date of hearing:	18 June 2025
Place:	Hobart
For the Applicant:	In person
Counsel for the Respondent:	Mr McKenna
Solicitor for the Respondent:	FitzGerald & Browne

HBC 1044 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MS SIMPSON Applicant
AND:	MR SIMPSON Respondent

ORDER MADE BY:	JUDGE TAGLIERI
DATE OF ORDER:	3 JULY 2025