Vaccaro & Vaccaro - [2025] FedCFamC2F 1034

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Vaccaro & Vaccaro [2025] FedCFamC2F 1034

File number(s): DGC 3564 of 2024

Judgment of: JUDGE GLASS

Date of judgment: 18 June 2025

Catchwords: FAMILY LAW – DIVORCE – where the Wife asserts reconciliation remains a reasonable possibility – where the Husband considers the marriage to be over – where the divorce is granted

Legislation: Family Law Act 1975 (Cth) s 43, 48

Cases cited:
Gronow v Gronow (1979) 144 CLR 513

Todd and Todd (No. 2) (1976) FLC 90-008

Division: Division 2 Family Law

Number of paragraphs: 15

Date of hearing: 18 June 2025

Place: Dandenong

Solicitor for the Applicant: Mr Hall of Hall Partners and Lawyers

The Respondent: Self-represented litigant
ORDERS

DGC 3564 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:
MR VACCARO

Applicant

AND:
MS VACCARO

Respondent

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

18 JUNE 2025

THE COURT FINDS:
1.The marriage is proved.
2.The parties were at all material times an Australian Citizen.
3.The ground for the application for a divorce order – namely that the marriage has broken down irretrievably – is proved.

THE COURT, BY ORDER, DECLARES THAT IT IS SATISFIED:
4.The only child/ren of the marriage, as that expression is defined in section 55A(3), who has/have not attained the age of eighteen years is/are the child/ren:
X born in 2008
5.The Court by order declared that it was satisfied that the only child/children of the marriage who has/have not attained the age of 18 years is/are the child/children specified in the order and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child/children.

THE COURT ORDERS:
6.A divorce order be made, such divorce order to take effect and thereby terminate the marriage in July 2025.

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 a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
EX-TEMPORE REASONS FOR JUDGMENT
JUDGE GLASS:

Mr Vaccaro and Ms Vaccaro married in 2006. It is common ground that they separated on 15 April 2023.
Mr Vaccaro applies for a Divorce. Ms Vaccaro opposes the application.
It falls to be determined pursuant to Part VI of the Family Law Act 1975 (Cth).
Section 48 of the Act…

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 Vaccaro & Vaccaro

Details

AGLC: Vaccaro & Vaccaro [2025] FedCFamC2F 1034
Case: [2025] FedCFamC2F 1034
Decision Date: 18 June 2025

CaseChat Overview and Summary

In the matter of Vaccaro & Vaccaro, the Federal Circuit and Family Court of Australia (Division 2) was tasked with determining whether the marriage of the applicant, Mr Vaccaro, and the respondent, Ms Vaccaro, had irretrievably broken down. This decision follows an application by Mr Vaccaro for a divorce, which was opposed by Ms Vaccaro on the basis that reconciliation remained a possibility. The court was required to consider the evidence presented by both parties concerning the state of their marriage and the possibility of reconciliation.

The legal issues before the court involved assessing the evidence presented by both parties to determine if the marriage had indeed irretrievably broken down. The court needed to examine the circumstances and statements made by both parties, and assess their credibility and weight. Specifically, the court considered the applicant's assertion that the marriage was over against the respondent's belief that reconciliation was still possible. Additionally, the court had to consider the welfare and care arrangements for the minor child of the marriage.

The court found that despite the respondent's belief in the possibility of reconciliation, the applicant's clear and unwavering stance that the marriage was over was more convincing. The court accepted that the marriage had irretrievably broken down, based on the applicant's evidence and the overall circumstances presented. The court also noted that proper arrangements had been made for the care, welfare, and development of the minor child. Consequently, the court granted the divorce order, which was to take effect in July 2025.

The court orders that the marriage of the applicant and the respondent is to be dissolved with effect from July 2025. The court also noted that proper arrangements have been made for the care of the minor child born in 2008. This decision concludes the court's consideration of the matter, with the divorce order to be formally entered in the Court’s records.

Orders

Orders of the court

DGC 3564 of 2024

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MR VACCARO

Applicant

AND:

MS VACCARO

Respondent

ORDER MADE BY:

JUDGE GLASS

DATE OF ORDER:

18 JUNE 2025

THE COURT FINDS:

1. The marriage is proved.

2. The parties were at all material times an Australian Citizen.

3. The ground for the application for a divorce order – namely that the marriage has broken down irretrievably – is proved.

THE COURT, BY ORDER, DECLARES THAT IT IS SATISFIED:

4. The only child/ren of the marriage, as that expression is defined in section 55A(3), who has/have not attained the age of eighteen years is/are the child/ren:

X born in 2008

5. The Court by order declared that it was satisfied that the only child/children of the marriage who has/have not attained the age of 18 years is/are the child/children specified in the order and that proper arrangements in all the circumstances have been made for the care, welfare and development of the child/children.

THE COURT ORDERS:

6. A divorce order be made, such divorce order to take effect and thereby terminate the marriage in July 2025.

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):	DGC 3564 of 2024
Judgment of:	JUDGE GLASS
Date of judgment:	18 June 2025
Catchwords:	FAMILY LAW – DIVORCE – where the Wife asserts reconciliation remains a reasonable possibility – where the Husband considers the marriage to be over – where the divorce is granted
Legislation:	Family Law Act 1975 (Cth) s 43, 48
Cases cited:	Gronow v Gronow (1979) 144 CLR 513 Todd and Todd (No. 2) (1976) FLC 90-008
Division:	Division 2 Family Law
Number of paragraphs:	15
Date of hearing:	18 June 2025
Place:	Dandenong
Solicitor for the Applicant:	Mr Hall of Hall Partners and Lawyers
The Respondent:	Self-represented litigant

DGC 3564 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:	MR VACCARO Applicant
AND:	MS VACCARO Respondent

ORDER MADE BY:	JUDGE GLASS
DATE OF ORDER:	18 JUNE 2025