Vang & Chung (No 8) - [2025] FedCFamC1F 47

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vang & Chung (No 8) [2025] FedCFamC1F 47

File number(s): SYC 1433 of 2020

Judgment of: BENNETT J

Date of judgment: 6 February 2025

Catchwords:
FAMILY LAW – FINANCIAL PROCEEDINGS – where there has been an extraordinary volume of interlocutory disputes by way of applications in proceedings, review of the exercise by Judicial Registrars of delegated powers, an appeal to the Full Court and stays requiring determination in property proceedings for which a final hearing has been scheduled in about two months.

FAMILY LAW – FINANCIAL PROCEEDINGS – summary dismissal – where there now falls for determination is now the husband’s application to summarily dismiss a further review application filed by the wife; the wife’s further review application; the husband’s application for injunctions to preserve assets in face of unsatisfied orders for costs; and the husband’s vexatious proceedings application.

FAMILY LAW – FINANCIAL PROCEEDINGS – review of judicial registrar’s decision – where parties agree that trail judge will be best placed to determine issues of relevance of documents sought on subpoena.

FAMILY LAW – INJUNCTIVE RELIEF – where court not satisfied that there is a real danger that unpaid costs orders in favour of the husband will not be satisfied unless the wife is restrained from dealing with the property she owns – where injunctions not granted.

Legislation:
Family Law Act 1975

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

Cases cited:
In the marriage of Stowe (1981) FLC 91-027

In the marriage of Waugh (2000) FLC 93-052

M v DB (2006) FLC 93-293

Vang & Chung (No 3) [2024] FedCFamC1F 101

Vang & Chung (No 6) [2024] FedCFamC1F 604

Division: Division 1 First Instance

Number of paragraphs: 37

Date of hearing: 22 & 24 January 2025

Place: Melbourne

Counsel for the Applicant: Litigant in Person

Counsel for the First Respondent: Ms Tabbernor

Solicitor for the First Respondent: Broun Abrahams Burreket

Solicitor for the Second Respondent: Mangioni Biggs & Co
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:

BENNETT J

DATE OF ORDER:

24 JANUARY 2025

THE COURT ORDERS THAT:
1.There be leave to the wife to amend her Application for Review filed on 13 November 2024 by adding to the end of paragraph 2 in Part D, being orders sought, “including a discharge or revocation of the orders for costs under review”.

BY CONSENT, THE COURT ORDERS:
2.The wife’s Application for Review filed on 13 November 2024 be and is hereby dismissed save for paragraph 2 of the orders sought in relation to 5 and 6 of the Order made on 16 October 2024, which is reserved to the trial judge.
3.Pending further order, paragraph 5 of the Order of 16 October 2024 be stayed.
4.Notwithstanding paragraph 5 of the Order made by Justice Harper on 10 September 2024, all documents produced pursuant to…

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 Vang & Chung (No 8)

Details

AGLC: Vang & Chung (No 8) [2025] FedCFamC1F 47
Case: [2025] FedCFamC1F 47
Decision Date: 6 February 2025

CaseChat Overview and Summary

The case of Vang & Chung (No 8) concerns financial proceedings within family law. The Federal Circuit and Family Court of Australia dealt with a series of interlocutory disputes between the parties, Ms Vang and Mr Chung, and a second respondent, Mr D. The court had to determine applications filed by both parties, including a review application by the wife, an application by the husband to summarily dismiss the wife's further review application, and the husband's application for injunctions to preserve assets in light of unsatisfied orders for costs. The husband also filed a vexatious proceedings application. The central legal issues were whether the wife's application for review should be summarily dismissed, whether injunctions should be granted to preserve assets, and whether the husband's proceedings were vexatious.

The court found that leave should be granted to the wife to amend her application for review by including a request for the discharge or revocation of the orders for costs under review. The court dismissed the wife's application for review, except for specific paragraphs related to costs, which were reserved for the trial judge. Additionally, the court stayed one of the orders pending further determination and noted that documents produced pursuant to subpoenas would remain in the registry until further order. The husband's application for summary dismissal was dismissed, and the court reserved judgment on the husband's vexatious proceedings application.

In conclusion, the court ordered that the wife be allowed to amend her application for review, dismissed the wife's application for review save for specific paragraphs, stayed an order pending further determination, and dismissed the husband's application for summary dismissal. The court reserved judgment on the vexatious proceedings application and excused the parties from attendance unless otherwise notified.

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:

BENNETT J

DATE OF ORDER:

24 JANUARY 2025

THE COURT ORDERS THAT:

1. There be leave to the wife to amend her Application for Review filed on 13 November 2024 by adding to the end of paragraph 2 in Part D, being orders sought, “including a discharge or revocation of the orders for costs under review”.

BY CONSENT, THE COURT ORDERS:

2. The wife’s Application for Review filed on 13 November 2024 be and is hereby dismissed save for paragraph 2 of the orders sought in relation to 5 and 6 of the Order made on 16 October 2024, which is reserved to the trial judge.

3. Pending further order, paragraph 5 of the Order of 16 October 2024 be stayed.

4. Notwithstanding paragraph 5 of the Order made by Justice Harper on 10 September 2024, all documents produced pursuant to subpoenas issued by the wife on 19 March 2024, which remain in the registry, continue to be held by the registry until further order and IT IS NOTED that nothing in this Order entitles either party to seek release of the documents so held or to seek to inspect them.

5. The husband’s application for summary dismissal filed on 8 January 2025 be and is hereby dismissed.

THE COURT FURTHER ORDERS THAT:

6. I reserve my judgment in relation to the husband’s Application in a Proceeding filed 25 November 2024 for a vexatious proceedings order to a date to be fixed and notified to the parties in writing.

7. On the day of handing down of judgment I excuse the parties from attendance at Court unless otherwise notified by my Chambers AND IT IS DIRECTED that my Chambers send the reasons for decision to the parties as soon as practicable after handing down of judgment.

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

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File number(s):	SYC 1433 of 2020
Judgment of:	BENNETT J
Date of judgment:	6 February 2025
Catchwords:	FAMILY LAW – FINANCIAL PROCEEDINGS – where there has been an extraordinary volume of interlocutory disputes by way of applications in proceedings, review of the exercise by Judicial Registrars of delegated powers, an appeal to the Full Court and stays requiring determination in property proceedings for which a final hearing has been scheduled in about two months. FAMILY LAW – FINANCIAL PROCEEDINGS – summary dismissal – where there now falls for determination is now the husband’s application to summarily dismiss a further review application filed by the wife; the wife’s further review application; the husband’s application for injunctions to preserve assets in face of unsatisfied orders for costs; and the husband’s vexatious proceedings application. FAMILY LAW – FINANCIAL PROCEEDINGS – review of judicial registrar’s decision – where parties agree that trail judge will be best placed to determine issues of relevance of documents sought on subpoena. FAMILY LAW – INJUNCTIVE RELIEF – where court not satisfied that there is a real danger that unpaid costs orders in favour of the husband will not be satisfied unless the wife is restrained from dealing with the property she owns – where injunctions not granted.
Legislation:	Family Law Act 1975 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)
Cases cited:	*In the marriage of Stowe* (1981) FLC 91-027 *In the marriage of Waugh* (2000) FLC 93-052 *M v DB* (2006) FLC 93-293 Vang & Chung (No 3) [2024] FedCFamC1F 101 Vang & Chung (No 6) [2024] FedCFamC1F 604
Division:	Division 1 First Instance
Number of paragraphs:	37
Date of hearing:	22 & 24 January 2025
Place:	Melbourne
Counsel for the Applicant:	Litigant in Person
Counsel for the First Respondent:	Ms Tabbernor
Solicitor for the First Respondent:	Broun Abrahams Burreket
Solicitor for the Second Respondent:	Mangioni Biggs & Co

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:	BENNETT J
DATE OF ORDER:	24 JANUARY 2025