FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Spanos & Besley [2022] FedCFamC1A 23
Appeal from: Spanos & Besley [2021] FedCFamC2F 618 Appeal number(s): NAA 21 of 2022 File number(s): BRC 10673 of 2020 Judgment of: TREE J Date of judgment: 22 February 2022 Catchwords: FAMILY LAW – APPEAL – SUMMARY DISMISSAL – Where the father appeals from a costs order and orders initiating a family report and psychiatric report – Where the grounds of appeal do not enjoy reasonable prospects of success – Where the appeal has no reasonable prospects of success – Appeal summarily dismissed – Application to admit further material dismissed – Costs ordered in favour of mother. Legislation: Family Law Act 1975 (Cth) s 117
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 7, 26, 32, 46
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Pt 8.1
Cases cited: Hullett & Benton [2022] FedCFamC1A 13
Metwally v University of Wollongong (1985) 60 ALR 68; [1985] HCA 28
Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25
Robinson and Higginbotham (1991) FLC 92-209; [1991] FamCA 5
Stasiuk & Guild [2021] FamCAFC 62
Number of paragraphs: 28 Date of hearing: 15 February 2022 Place: Cairns (via video link) The Appellant: Self-represented litigant Solicitor for the Respondent: Collier Lawyers Solicitor for the Independent Children's Lawyer: Reaston Drummond Law ORDERS
NAA 21 of 2022
BRC 10673 of 2020FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR SPANOS
Appellant
AND: MS BESLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
TREE J
DATE OF ORDER:
22 FEBRUARY 2022
THE COURT ORDERS THAT:
1.The father’s oral Application in an Appeal made 15 February 2022 is dismissed.
2.The Notice of Appeal filed 17 January 2022 is dismissed.
3.Within 28 days the appellant pay the respondent’s costs of and incidental to the appeal in the sum of $1,004.42.
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 the pseudonym Spanos & Besley has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
TREE J:
INTRODUCTION
On 20 December 2021, a judge of the Federal Circuit and Family Court of Australia (Division 2) made orders requiring Mr Spanos (“the father”) to pay Ms Besley (“the mother”) her costs of an…
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- AGLC
- Spanos & Besley [2022] FedCFamC1A 23
- Case
- [2022] FedCFamC1A 23
- Decision Date
CaseChat Overview and Summary
The court found that neither of the grounds of appeal had reasonable prospects of success. The first ground concerned the transfer of jurisdiction and the consideration of the parties' conduct during the proceedings. The court found that the primary judge had considered the conduct of the parties in relation to the proceedings and that the appeal did not raise any new or compelling arguments. The second ground concerned the ICL's alleged non-disclosure of her connections to the Hallett family and her conduct in the case. The court found that the ICL's decisions had been based on the best interests of the children and that the father's allegations were not supported by the evidence. The appeal was summarily dismissed, and the application to admit further material was dismissed.
The court ordered that the father pay the mother's costs of and incidental to the appeal in the sum of $1,004.42 within 28 days. The court found that the father's financial position did not militate against an order for costs and that the circumstances justified such an order. The form of the order is subject to the entry in the Court's records. This copy of the Court's Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors or to record a variation to the order.
Orders
Orders of the court
NAA 21 of 2022
BRC 10673 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR SPANOS
Appellant
AND:
MS BESLEY
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
TREE J
DATE OF ORDER:
22 FEBRUARY 2022
THE COURT ORDERS THAT:
1. The father’s oral Application in an Appeal made 15 February 2022 is dismissed.
2. The Notice of Appeal filed 17 January 2022 is dismissed.
3. Within 28 days the appellant pay the respondent’s costs of and incidental to the appeal in the sum of $1,004.42.
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
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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