Taffa & Taffa (Summary Dismissal)

Case [2012] FamCA 181


FAMILY COURT OF AUSTRALIA

TAFFA & TAFFA (SUMMARY DISMISSAL) [2012] FamCA 181
FAMILY LAW – SUMMARY DISMISSAL – Whether wife’s case is doomed to fail – whether wife’s case is not inherently incredible – the evidence on which the application is to be determined
FAMILY LAW – STAY APPLICATION – Whether Australia is a clearly inappropriate forum – Where parties live in Australia on means-tested pensions – Where all property in matter is located in Lebanon – Where the existence of property is disputed – Where parties have a judgment from Lebanese Courts – Whether Lebanese Courts have jurisdiction to decide such matters – Whether an Australian decision would be enforceable in Lebanon
FAMILY LAW – RES JUDICATA – Miller and Caddy test - Whether the wife is estopped from bringing an action here by her previous applications in Lebanon – whether the foreign declaratory judgment meets the requirements of a foreign judgment
FAMILY LAW – APPLICATION TO BRING FINANCIAL APPLICATION OUT OF TIME – section 44(4) - Where one party was in doubt as to the date of separation – where there is no evidence of parties’ financial position at the time the period in which an application could be brought ran out – where there is no evidence of assets or resources to meet any financial order
Family Law Act (1975) (Cth)
Family Law Rules (2004) (Cth)
Foreign Judgments Act 1991 (Cth)
Baumgartner & Baumgartner (1987) HCA 59
Beck & Beck (2004) FLC 93-181
Cain & Cain (1987) FLC 91-808
Calvery & Green (1984) HCA 81
Carl Zeizz Stiftung v Rayner & Keelr Ltr (No 2) [1967] AC 853
Gitane & Velacruz [2007] Fam CA 183
Hall & Hall (1979) FLC 90-679
Hedley & Hedley (2009) FLC ¶93-413
Henry & Henry (1996) 20 Fam LR 171
Kemeny & Kemeny (1998) FLC ¶92-806
Lindon & Commonwealth (No. 2) (1996) 136 ALR 251
MarginstonvBlackburn Borough Council [1939] 2 KB 426
Miller and Caddy 10 Fam LR 858
Pagliotti & Hartner (2009) FLC ¶93-393
Savage and Hodgson (1982) FLC ¶91-281
Tamaniego & Tamaniego [2010] FamCAFC 254
Voth v Manildra Flour Mills (1990) 171 CLR 538
APPLICANT: Mr Taffa
RESPONDENT: Mrs Taffa
FILE NUMBER: SYF 5067 of 2000
DATE DELIVERED: 13 March 2012
PLACE DELIVERED: Sydney
PLACE HEARD: Sydney
JUDGMENT OF: Justice Le Poer Trench
HEARING DATE: 26 July 2011

REPRESENTATION

SOLICITOR FOR THE APPLICANT:

Ms Finn

Legal Aid NSW

SOLICITOR FOR THE RESPONDENT:

Mr Barber

Barber Lawyers

Orders

  1. The wife’s application for property orders and lump sum spousal maintenance is stayed.

  2. In the alternate to order (1) hereof the wife’s application to commence property and spouse maintenance proceedings out of time is dismissed.

  3. I note that the matter has now concluded in the Court and all outstanding applications are dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Taffa & Taffa (Summary Dismissal) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

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AGLC
Taffa & Taffa (Summary Dismissal) [2012] FamCA 181
Case
[2012] FamCA 181
Decision Date

CaseChat Overview and Summary

In the matter of *Taffa & Taffa*, the wife sought property orders and lump sum spousal maintenance. The court was required to determine whether to grant the wife's application to commence these proceedings out of time, or alternatively, to stay her application.

The central legal issue before Justice Le Poer Trench was the wife's ability to proceed with her claims for property orders and spousal maintenance given the expiry of the statutory time limits. The court had to consider the merits of her application to extend time and the appropriate course of action in light of the circumstances.

Justice Le Poer Trench ordered that the wife's application for property orders and lump sum spousal maintenance be stayed. In the alternative, the court dismissed the wife's application to commence property and spouse maintenance proceedings out of time. Consequently, all outstanding applications were dismissed, and the matter concluded in the Court.

Orders

Orders of the court

1.

The wife’s application for property orders and lump sum spousal maintenance is stayed.

2.

In the alternate to order (1) hereof the wife’s application to commence property and spouse maintenance proceedings out of time is dismissed.

3.

I note that the matter has now concluded in the Court and all outstanding applications are dismissed.

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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