FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vang & Chung (No 7) [2024] FedCFamC1F 734
File number(s): SYC 1433 of 2020 Judgment of: HARPER J Date of judgment: 16 October 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application in a Proceeding – Where the wife is required to seek leave to file any interim applications – Where the wife seeks leave to file an Application in a Proceeding – Where the wife seeks orders for recusal on the basis of actual bias and apprehended bias – Where the wife does not establish any basis for recusal – Application for recusal refused –Where a stay order sought by the wife is made – Where the wife seeks a range of additional orders that are incompetent and/or have no reasonable prospect of success – Where the balance of the wife’s Application in a Proceeding is dismissed. Legislation: Family Law Act 1975 (Cth) ss 79A, 106B
Federal Circuit and Family Court of Australia Act 2021 (Cth) s 67
Foreign Evidence Act 1994 (Cth)
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 1.04, 10.09
Cases cited: Newett & Newett (No 2) (2021) FLC 94-051; [2021] FedCFamC1A 11
Vang & Chung (No 3) [2024] FedCFamC1F 101
Vang & Chung (No 4) [2024] FedCFamC1F 390
Vang & Chung (No 6) [2024] FedCFamC1F 604
Wynn & Danilov [2023] FedCFamC1A 149
Division: Division 1 First Instance Number of paragraphs: 32 Date of hearing: 16 October 2024 Place: Sydney The Applicant: Litigant in person Solicitor for the First Respondent: Ms Burke of Broun Abrahams Burreket Solicitor for the Second Respondent: Ms Dai of Mangioni Biggs & Co Counsel for the Non-Party Objectors: Ms Everson Solicitor for the Non-Party Objectors: Clayton Utz 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
AC ACCOUNTANTS
Non-Party ObjectorY PTY LTD
Non-Party Objector
ORDER MADE BY:
HARPER J
DATE OF ORDER:
16 OCTOBER 2024
THE COURT ORDERS THAT:
1.Order 5 made on 10 September 2024 is stayed pending determination of Appeal NAA259/2024.
2.The Application in a Proceeding filed by the Applicant Wife on 10 October 2024 is otherwise dismissed.
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 pseudonyms Vang & Chung
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- [2024] FedCFamC1F 734
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CaseChat Overview and Summary
The court examined the wife's application for recusal and found no evidence of actual or apprehended bias. The wife's allegations were considered unfounded, and thus the application for recusal was denied. The court also assessed the stay order sought by the wife, which was granted pending the determination of an appeal. However, the court dismissed the rest of the wife's application, finding that the additional orders were either incompetent or had no reasonable chance of success.
In its judgment, the court stayed the previous order made on 10 September 2024, pending the outcome of the appeal NAA259/2024. The court dismissed the wife's application in its entirety, except for the stay order, which was granted. The form of the order is subject to review to correct any minor typographical or grammatical errors or to record any variation to the order.
The court's orders were that Order 5 made on 10 September 2024 is stayed pending the determination of Appeal NAA259/2024, and the wife's application in a proceeding filed on 10 October 2024 is otherwise dismissed. The form of the order is subject to the entry in the Court’s records.
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
AC ACCOUNTANTS
Non-Party Objector
Y PTY LTD
Non-Party Objector
ORDER MADE BY:
HARPER J
DATE OF ORDER:
16 OCTOBER 2024
THE COURT ORDERS THAT:
1. Order 5 made on 10 September 2024 is stayed pending determination of Appeal NAA259/2024.
2. The Application in a Proceeding filed by the Applicant Wife on 10 October 2024 is otherwise dismissed.
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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