Tifft & Tifft - [2024] FedCFamC1F 564

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Tifft & Tifft [2024] FedCFamC1F 564

File number: SYC 9218 of 2023

Judgment of: CAMPTON J

Date of judgment: 23 August 2024

Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife commenced proceedings pursuant to s 79 of the Family Law Act 1975 (Cth) (“the Act”) in the Federal Circuit and Family Court of Australia (Division 2) – Where the matter was transferred to Division 1 and placed in the Major Complex Financial Proceedings list – Where the husband has filed an Amended Response to an Initiating Application, Application in a Proceeding, and a supporting affidavit seeking orders pursuant to Pt VII of the Act – Where there is no original jurisdiction in this Court to commence upon incorporating by amendment a parenting cause pursuant to s 50 of the Federal Circuit and Family Court of Australia Act 1975 (Cth) – Orders for the filing of each of the Amended Response to an Initiating Application, Application in a Proceeding, and affidavit in support to be voided.

Legislation:
Family Law Act 1975 (Cth) Pt VII, ss 60I, 79

Federal Circuit and Family Court of Australia Act 2021 (Cth) s 50

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) ch 7

Cases cited: Gilford & Cavaco (2024) FLC 94-183; [2024] FedCFamC1A 55

Division: Division 1 First Instance

Number of paragraphs: 13

Date of hearing: 23 August 2024

Place: Sydney

Counsel for the Applicant: Mr Richardson SC

Solicitor for the Applicant: Mills Oakley Lawyers

Solicitor for the Respondent: Lander & Rogers
ORDERS

SYC 9218 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS TIFFT

Applicant

AND:
MR TIFFT

Respondent

ORDER MADE BY:

CAMPTON J

DATE OF ORDER:

23 AUGUST 2024

THE COURT ORDERS THAT:
1.The husband’s filing of his Amended Response to an Initiating Application, his Application in a Proceeding, and his affidavit, each on 30 July 2024, is voided.

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 the pseudonym Tifft & Tifft has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
CAMPTON J:

By way of an Initiating Application filed on 4 December 2023 Ms Tifft (“the wife”) commenced this proceeding in the Federal Circuit and Family Court of…

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.

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Details

AGLC: Tifft & Tifft [2024] FedCFamC1F 564
Case: [2024] FedCFamC1F 564
Decision Date: 23 August 2024

CaseChat Overview and Summary

In the case of Ms Tifft v Mr Tifft, the wife initiated proceedings under section 79 of the Family Law Act 1975 (Cth) in the Federal Circuit and Family Court of Australia (Division 2). The case was subsequently transferred to Division 1 and assigned to the Major Complex Financial Proceedings list. The husband responded by filing an Amended Response to an Initiating Application, an Application in a Proceeding, and a supporting affidavit seeking orders under Part VII of the Act. The central legal issue before the court was whether the husband's filings were permissible in Division 1 of the court after the matter had been transferred from Division 2.

The court found that Division 1 of the Federal Circuit and Family Court of Australia does not have original jurisdiction to commence proceedings incorporating by amendment a parenting cause pursuant to section 50 of the Federal Circuit and Family Court of Australia Act 1975 (Cth). Consequently, the husband's Amended Response to an Initiating Application, Application in a Proceeding, and affidavit were considered invalid as they sought orders that fell outside the jurisdictional scope of Division 1. The court voided the husband's filings, noting that they were improperly made in the context of the transferred proceedings.

In light of the findings, the court ordered that the husband's filings on 30 July 2024 be voided. This order reflects the court's determination that the husband's attempts to introduce new claims were not appropriately aligned with the jurisdictional framework of the court to which the case was transferred. The form of the order is subject to the entry in the court’s records and may be subject to review to correct minor typographical or grammatical errors, or to record a variation to the order.

Orders

Orders of the court

SYC 9218 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS TIFFT

Applicant

AND:

MR TIFFT

Respondent

ORDER MADE BY:

CAMPTON J

DATE OF ORDER:

23 AUGUST 2024

THE COURT ORDERS THAT:

1. The husband’s filing of his Amended Response to an Initiating Application, his Application in a Proceeding, and his affidavit, each on 30 July 2024, is voided.

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:	SYC 9218 of 2023
Judgment of:	CAMPTON J
Date of judgment:	23 August 2024
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Where the wife commenced proceedings pursuant to s 79 of the Family Law Act 1975 (Cth) (“the Act”) in the Federal Circuit and Family Court of Australia (Division 2) – Where the matter was transferred to Division 1 and placed in the Major Complex Financial Proceedings list – Where the husband has filed an Amended Response to an Initiating Application, Application in a Proceeding, and a supporting affidavit seeking orders pursuant to Pt VII of the Act – Where there is no original jurisdiction in this Court to commence upon incorporating by amendment a parenting cause pursuant to s 50 of the Federal Circuit and Family Court of Australia Act 1975 (Cth) – Orders for the filing of each of the Amended Response to an Initiating Application, Application in a Proceeding, and affidavit in support to be voided.
Legislation:	Family Law Act 1975 (Cth) Pt VII, ss 60I, 79 Federal Circuit and Family Court of Australia Act 2021 (Cth) s 50 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) ch 7
Cases cited:	Gilford & Cavaco (2024) FLC 94-183; [2024] FedCFamC1A 55
Division:	Division 1 First Instance
Number of paragraphs:	13
Date of hearing:	23 August 2024
Place:	Sydney
Counsel for the Applicant:	Mr Richardson SC
Solicitor for the Applicant:	Mills Oakley Lawyers
Solicitor for the Respondent:	Lander & Rogers

SYC 9218 of 2023
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS TIFFT Applicant
AND:	MR TIFFT Respondent

ORDER MADE BY:	CAMPTON J
DATE OF ORDER:	23 AUGUST 2024