FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1) APPELLATE JURISDICTION
Vaughan (No 2) [2025] FedCFamC1A 159
Appeal from: Vaughan & Vaughan (No 6) [2025] FedCFamC1F 531 Appeal number: NAA 389 of 2025 File number: ADC 5154 of 2022 Judgment of: SCHONELL J Date of judgment: 5 September 2025 Catchwords: FAMILY LAW – CROSS-APPEAL – Application in an Appeal – Leave to appeal – Harmful proceedings – Where the primary judge made interlocutory injunctive orders that were not directed towards the applicant – Where the primary judge had previously restrained the applicant from instituting further proceedings against the respondent without leave – Where the applicant sought a grant of leave to cross-appeal from the orders of the primary judge – Where all grounds of appeal are bereft of merit – Where the applicant has not established the proposed appeal is not vexatious – Application dismissed Legislation: Family Law Act 1975 (Cth) ss 102Q, 102QAG Cases cited: Bennett and Bennett (1991) FLC 92-191
Candle v Falkner [2021] FedCFamC1A 102
Concrete Pty Ltd v Parramatta Design & Development Pty Ltd (2006) 229 CLR 577; [2006] HCA 55
Darley (No 4) [2023] FedCFamC1A 158
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
Finch & Finch (2020) FLC 93-949; [2020] FamCAFC 60
Fowles & Fowles (No 2) (2024) FLC 94-198; [2024] FedCFamC1A 115
Gronow v Gronow (1979) 144 CLR 513; [1979] HCA 63
House v The King (1936) 55 CLR 499; [1936] HCA 40
Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378
Kioa v West (1985) 159 CLR 550; [1985] HCA 81
Medlow & Medlow (2016) FLC 93-692; [2016] FamCAFC 34
Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48
Perdicari & Perdicari (2019) FLC 93-914; [2019] FamCAFC 147
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 279 CLR 148; [2023] HCA 15
Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] 332 ALR 128; [2016] NSWCA 88
Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54
Vaughan [2025] FedCFamC1A 155
Vaughan & Vaughan (No 6) [2025] FedCFamC1F 531
Number of paragraphs: 28 Date of hearing: 3 September 2025 Place: Determined in chambers The Applicant: No appearance required ORDERS
NAA 389 of 2025
ADC 5154 of 2022FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTIONBETWEEN: MR VAUGHAN
Applicant
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
5 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.The Application in an Appeal filed 28 August 2025 is 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…
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- AGLC
- Vaughan (No 2) [2025] FedCFamC1A 159
- Case
- [2025] FedCFamC1A 159
- Decision Date
CaseChat Overview and Summary
The court considered the merits of the grounds of appeal and found them to be without merit. The applicant had not demonstrated that the proposed appeal was not vexatious. The court also noted the applicant's history of filing numerous appeals and cross-appeals, which were largely unsuccessful. The court was concerned that allowing the appeal could lead to harmful and repetitive litigation.
In light of the lack of merit in the grounds of appeal and the applicant's history of vexatious litigation, the court dismissed the application for leave to cross-appeal. The court found that granting leave would not be in the interests of justice and would only perpetuate unnecessary litigation. The court emphasised the importance of avoiding harmful and repetitive proceedings in family law matters.
The court's order was that the application for leave to cross-appeal was dismissed. This decision underscores the court's commitment to preventing vexatious litigation and ensuring that family law proceedings are conducted efficiently and in the best interests of the parties involved.
Orders
Orders of the court
NAA 389 of 2025
ADC 5154 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION
BETWEEN:
MR VAUGHAN
Applicant
ORDER MADE BY:
SCHONELL J
DATE OF ORDER:
5 SEPTEMBER 2025
THE COURT ORDERS THAT:
1. The Application in an Appeal filed 28 August 2025 is 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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