FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vang & Chung (No 4) [2024] FedCFamC1F 390
File number: SYC 1433 of 2020 Judgment of: HARPER J Date of judgment: 6 June 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application in a Proceeding – Where the wife seeks leave to file an Application in a Proceeding – Where formal application is required from de wife – Where appeal is in relation to routine procedural orders – Where appeal has no reasonable prospects of success. Legislation: Family Law Act 1975 (Cth) Pt VIII
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 46, 67, 69
Federal Circuit and Family Court of Australia (Family Law) Rules2021 (Cth) r 1.31 and r 5.13
Cases cited: Darley (No 2) [2023] FedCFamC1A 112
Vang & Chung (No 3) [2024] FedCFamC1F 101
Division: Division 1 First Instance Number of paragraphs: 14 Date of hearing: Determined on the papers in chambers The Applicant: Litigant in person Solicitor for the First Respondent: Broun Abrahams Burreket Solicitor for the Second Respondent: Did not participate ORDERS
SYC 1433 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS VANG
Applicant
AND: MR CHUNG
First Respondent
MR D
Second Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
6 JUNE 2024
THE COURT ORDERS THAT:
1.Leave be refused to bring the Application in a Proceeding filed by the Applicant Wife on 8 April 2024.
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 Vang & Chung has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
HARPER J:
These are property proceedings under Pt VIII of the Family Law Act 1975 (Cth) between the applicant wife, Ms Vang (“the wife”), the first respondent husband, Mr Chung (“the husband”), and the second respondent who is the father of the husband, Mr D.
Much of the relevant background is set out in my earlier decision in Vang & Chung (No 3) [2024] FedCFamC1F 101 (“Vang (No 3)”), delivered on 28 February 2024. It is unnecessary to repeat the background for the purposes of this judgment. Vang (No 3) dismissed the wife’s Application in a Proceeding seeking leave to institute spouse maintenance proceedings out of time, an interim property adjustment and litigation…
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- Vang & Chung (No 4) [2024] FedCFamC1F 390
- Case
- [2024] FedCFamC1F 390
- Decision Date
CaseChat Overview and Summary
The court considered the procedural requirements for leave to file an application in a proceeding, which mandates a formal application by the wife in family law matters. It assessed whether Ms Vang's application was properly formulated and met the necessary legal standards. The court also evaluated the merits of the application, focusing on whether the appeal had reasonable prospects of success. The analysis included an examination of the substantive legal arguments and the procedural fairness of the application. Ultimately, the court found that the application did not meet the criteria for leave to proceed, as it lacked sufficient grounds and had no reasonable prospects of success.
Harper J concluded that leave should be refused to Ms Vang to bring her application in a proceeding. The court’s reasoning emphasized the need for strict adherence to procedural requirements and the importance of evaluating the substantive merits of the application. The refusal of leave was based on the lack of reasonable prospects of success and the procedural shortcomings of the application. Consequently, the court ordered that leave be refused to Ms Vang to bring the application in a proceeding filed on 8 April 2024. This decision reflects the court’s commitment to ensuring that applications in family law proceedings are both procedurally and substantively robust.
Orders
Orders of the court
SYC 1433 of 2020
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS VANG
Applicant
AND:
MR CHUNG
First Respondent
MR D
Second Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
6 JUNE 2024
THE COURT ORDERS THAT:
1. Leave be refused to bring the Application in a Proceeding filed by the Applicant Wife on 8 April 2024.
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
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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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