TEDJA & SONY

[2015] FamCAFC 13

FAMILY COURT OF AUSTRALIA

TEDJA & SONY [2015] FamCAFC 13

FAMILY LAW – APPEAL – NOTICE OF APPEAL – DIVORCE ORDER - FORUM – Where the husband seeks that a divorce order be set aside on the basis of Australia being an inappropriate forum – Where many of the grounds of appeal are either not grounds of appeal or not proper grounds of appeal – Where some of the grounds of appeal read generously and at their highest can be treated as challenging the exercise of discretion by the trial judge – Where the trial judge was cognisant of the factors that needed to be addressed – Where the trial judge appropriately took into account the stage the proceedings had reached in each forum – Where there was no justification to suggest that the trial judge did anything other than he was required to in accordance with the law – Where the trial judge was not “plainly wrong” in the exercise of his discretion – Where there is no merit in the grounds of appeal – Appeal dismissed.

FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – FURTHER EVIDENCE – Where the husband seeks to admit further evidence – Where the husband has not demonstrated how the updating evidence would render “erroneous” the orders under appeal or how it would have “produced a different result if it had been available at the trial” – Where the trial judge was well aware of the overseas proceedings and the husband’s intention to pursue those proceedings regardless – Where there is no basis to receive the further evidence – Application dismissed.

FAMILY LAW – APPEAL – NOTICE OF APPEAL – COSTS – Where the wife seeks an order for costs – Where there are clear circumstances justifying an order for costs in the wife’s favour – Husband to pay the wife’s costs of the appeal as assessed in default of agreement.

Family Law Act 1975 (Cth) CDJ v VAJ (1998) 197 CLR 172 Gronow v Gronow (1979) 144 CLR 513 Henry v Henry (1996) 185 CLR 571
APPELLANT:	Mr Tedja

RESPONDENT: Ms Sony

FILE NUMBER: MLC 7099 of 2012

APPEAL NUMBER: SOA 12 of 2014

DATE DELIVERED: 16 February 2015

PLACE DELIVERED: Adelaide

PLACE HEARD: Melbourne

JUDGMENT OF: Strickland J

HEARING DATE: 7 July 2014

LOWER COURT JURISDICTION: Federal Circuit Court

LOWER COURT JUDGMENT DATE: 28 January 2014

LOWER COURT MNC: [2014] FCCA 275

REPRESENTATION

THE APPELLANT:	In Person
COUNSEL FOR THE RESPONDENT:	Mr Glass

SOLICITOR FOR THE RESPONDENT: Women’s Legal Service Victoria

Orders

1. The application in an appeal filed on 13 May 2014 be dismissed.

2. The appeal be dismissed.

3. The husband pay the costs of the wife of and incidental to the appeal, such costs to be assessed in default of agreement.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Tedja & Sony has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

IN THE APPELLATE…