Vang & Chung (No 9)

Case [2025] FedCFamC1F 54


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Vang & Chung (No 9) [2025] FedCFamC1F 54

File number(s): SYC 1433 of 2020
Judgment of: BENNETT J
Date of judgment: 12 February 2025
Catchwords: FAMILY LAW – VEXATIOUS PROCEEDINGS – application by respondent husband for applicant wife to be restrained pursuant to s102QB(2)(b) from instituting further proceedings without first obtaining leave of the court to do so – where wife found to have frequently instituted vexatious proceedings – where application granted – where appeals not included in classes of application for which leave is required because Court not satisfied of jurisdiction
Legislation:

Family Law Act 1975 (Cth)

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

Cases cited:

Pencious & Searle (2017) FLC 93-805

Potier v Attorney-General [2015] 89 NSWLR 284

Vang & Chung (No 2) [2024] FedCFamC1A 190

Vang & Chung (No 4) [2024] FedCFamC1A 237

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

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

Vang & Chung [2022] FedCFamC2F 1364

Division: Division 1 First Instance
Number of paragraphs: 55
Date of hearing: 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:

12 FEBRUARY 2025

THE COURT ORDERS THAT:

1.Pursuant to s102QB of the Family Act 1975 (Cth) (“the Act”) a Vexatious Proceedings Order is made in proceedings SYC1433/2020 against the Applicant wife Ms Vang (“the wife”) and for the purposes of this Order:

(a)Pursuant to s102QB(2)(b) the wife is restrained from filing any further applications without first obtaining leave of the Court; and

(b)In the event that the wife does file any further applications then those applications are stayed pursuant to s 102QD of the Act until leave has been given by the Court for the application to proceed; and

(c)Pursuant to s 102QE(4) of the Act, the wife must not serve a copy of any application (or affidavit) on any party in these proceedings prior leave being given for the application to proceed pursuant to s 102QG(1)(a) of the Act.

2.For the purposes of the preceding paragraph, “applications” includes any application seeking orders of the Court, including but not limited to:

(a)Applications in a Proceeding; and

(b)Review Applications –

but does not include an application filed pursuant to extant trial directions for the final hearing or as ordered by the learned trial judge.

3.The proceedings of 24 January 2025 be transcribed and a copy be made available to the parties or their practitioners.

4.Any party wishing to make or press an application for costs in relation to the application filed 25 November 2024 do so in accordance with the Federal Circuit and Family Court of Australia (Family…

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AGLC
Vang & Chung (No 9) [2025] FedCFamC1F 54
Case
[2025] FedCFamC1F 54
Decision Date

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia considered an application by the husband, Mr Chung, for an order against his wife, Ms Vang, pursuant to section 102QB of the Family Law Act 1975 (Cth). The husband sought the order on the basis that the wife had frequently instituted vexatious proceedings. The court was required to determine whether a Vexatious Proceedings Order should be made against the wife, and if so, what the terms of such an order should be.

The court found that the wife had indeed frequently instituted vexatious proceedings. The legal issue before the court was whether to grant the husband's application for a Vexatious Proceedings Order. The court had to consider whether the wife's conduct warranted such an order, and if so, what the appropriate terms should be. The court examined the nature and frequency of the wife's proceedings, as well as their impact on the husband and the court system. The court concluded that the wife's conduct warranted a Vexatious Proceedings Order and that the terms proposed by the husband were appropriate.

The court granted the husband's application for a Vexatious Proceedings Order. The order restrained the wife from filing any further applications without first obtaining leave from the court, and required her to obtain leave before serving any application or affidavit on any party. The court also ordered that any applications filed by the wife without leave would be stayed until leave was granted. The court dismissed the husband's application for costs in relation to a specific application. The wife was ordered to pay the husband's costs of the application for the Vexatious Proceedings Order.

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:

12 FEBRUARY 2025

THE COURT ORDERS THAT:

1. Pursuant to s102QB of the Family Act 1975 (Cth) (“the Act”) a Vexatious Proceedings Order is made in proceedings SYC1433/2020 against the Applicant wife Ms Vang (“the wife”) and for the purposes of this Order:

(a) Pursuant to s102QB(2)(b) the wife is restrained from filing any further applications without first obtaining leave of the Court; and

(b) In the event that the wife does file any further applications then those applications are stayed pursuant to s 102QD of the Act until leave has been given by the Court for the application to proceed; and

(c) Pursuant to s 102QE(4) of the Act, the wife must not serve a copy of any application (or affidavit) on any party in these proceedings prior leave being given for the application to proceed pursuant to s 102QG(1)(a) of the Act.

2. For the purposes of the preceding paragraph, “applications” includes any application seeking orders of the Court, including but not limited to:

(a) Applications in a Proceeding; and

(b) Review Applications –

but does not include an application filed pursuant to extant trial directions for the final hearing or as ordered by the learned trial judge.

3. The proceedings of 24 January 2025 be transcribed and a copy be made available to the parties or their practitioners.

4. Any party wishing to make or press an application for costs in relation to the application filed 25 November 2024 do so in accordance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) prior to 26 February 2025.

5. The husband’s application for a vexatious proceedings order filed 25 November 2024 be 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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