Vaughan (No 4) - [2025] FedCFamC1F 480

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vaughan (No 4) [2025] FedCFamC1F 480

File number: ADC 5154 of 2022

Judgment of: KARI J

Date of judgment: 21 July 2025

Catchwords: FAMILY LAW – HARMFUL PROCEEDINGS – Where a harmful proceedings order has been made directed to the father – Where the father seeks leave to file an Application in a Proceeding – Where the father’s proposed orders are an abuse of process and doomed to fail – Where the Court considers the application is vexatious – Leave refused – Application dismissed

Legislation:
Family Law Act 1975 (Cth) ss 102QAC, 102QAE, 102QAF, 102QAG

Family Law Amendment Act 2023 (Cth)

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.27

Explanatory Memorandum, Family Law Amendment Bill 2023 (Cth)

Cases cited:
Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106

Charisteas & Charisteas (2022) FLC 94-109

Darley & Darley (No 8) [2023] FedCFamC1F 574

Darley (No 4) [2023] FedCFamC1A 158

Geelong School Supplies Pty Ltd v Dean (2006) 237 ALR 612

Porter v Dyer (2022) 402 ALR 659

Sampson & Hartnett (Provision of Transcript) (2013) FLC 93-542

Uttar [2025] FedCFamC1A 121

Vaughan & Vaughan (No 3) [2025] FedCFamC1F 455 Vaughan & Vaughan (No 2) [2025] FedCFamC1F 129

Vaughan & Vaughan (Unreported, Federal Circuit and Family Court of Australia (Division 1), Appeals Judicial Registrar Thomas, 15 April 2025)

Division: Division 1 First Instance

Number of paragraphs: 35

Date of hearing: Determined on the papers

Place: Adelaide

The Applicant: Litigant in person

ORDERS

ADC 5154 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MR VAUGHAN

Applicant

ORDER MADE BY:

KARI J

DATE OF ORDER:

21 JULY 2025

THE COURT ORDERS THAT:
1.The father’s application for leave pursuant to s 102QAE of the Family Law Act 1975 (Cth) to commence proceedings as set out in the proposed Application in a Proceeding dated 18 July 2025, is refused.
2.The proposed Application in a Proceeding dated 18 July 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.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Vaughan has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
KARI J:
INTRODUCTION

The substantive proceedings between the parties concern the question of property settlement together with parenting arrangements for the parties’ five children.
On 10…

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 Vaughan (No 4)

Details

AGLC: Vaughan (No 4) [2025] FedCFamC1F 480
Case: [2025] FedCFamC1F 480
Decision Date: 21 July 2025

CaseChat Overview and Summary

The case of Vaughan (No 4) involved Mr Vaughan, the father, who sought leave to file an Application in a Proceeding. The application was made in the Federal Circuit and Family Court of Australia, Division 1, under the Family Law Act 1975 (Cth). The dispute centred around whether Mr Vaughan should be granted permission to proceed with his proposed application, given that a harmful proceedings order had already been made against him.

The court was tasked with determining whether Mr Vaughan's proposed orders were an abuse of process and if they were destined to fail. Additionally, the court had to consider whether the application constituted a vexatious proceeding. The central legal issue was whether the application should be dismissed due to its vexatious nature and the likelihood of it being unsuccessful.

In reaching its decision, the court noted that Mr Vaughan's proposed orders were not only an abuse of process but were also likely to fail. The court found that the application was vexatious, given that it was an attempt to re-litigate matters that had already been decided. Consequently, the court refused Mr Vaughan's application for leave to file the proposed Application in a Proceeding and dismissed the application. The court’s ruling effectively prevented Mr Vaughan from pursuing his proposed course of action in the family law proceedings.

Orders

Orders of the court

ADC 5154 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MR VAUGHAN

Applicant

ORDER MADE BY:

KARI J

DATE OF ORDER:

21 JULY 2025

THE COURT ORDERS THAT:

1. The father’s application for leave pursuant to s 102QAE of the Family Law Act 1975 (Cth) to commence proceedings as set out in the proposed Application in a Proceeding dated 18 July 2025, is refused.

2. The proposed Application in a Proceeding dated 18 July 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

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

Full text does not contain this section.

File number:	ADC 5154 of 2022
Judgment of:	KARI J
Date of judgment:	21 July 2025
Catchwords:	FAMILY LAW – HARMFUL PROCEEDINGS – Where a harmful proceedings order has been made directed to the father – Where the father seeks leave to file an Application in a Proceeding – Where the father’s proposed orders are an abuse of process and doomed to fail – Where the Court considers the application is vexatious – Leave refused – Application dismissed
Legislation:	Family Law Act 1975 (Cth) ss 102QAC, 102QAE, 102QAF, 102QAG Family Law Amendment Act 2023 (Cth) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.27 Explanatory Memorandum, Family Law Amendment Bill 2023 (Cth)
Cases cited:	Aldridge & Keaton (Stay Appeal) [2009] FamCAFC 106 Charisteas & Charisteas (2022) FLC 94-109 Darley & Darley (No 8) [2023] FedCFamC1F 574 Darley (No 4) [2023] FedCFamC1A 158 Geelong School Supplies Pty Ltd v Dean (2006) 237 ALR 612 Porter v Dyer (2022) 402 ALR 659 Sampson & Hartnett (Provision of Transcript) (2013) FLC 93-542 Uttar [2025] FedCFamC1A 121 Vaughan & Vaughan (No 3) [2025] FedCFamC1F 455 Vaughan & Vaughan (No 2) [2025] FedCFamC1F 129 Vaughan & Vaughan (Unreported, Federal Circuit and Family Court of Australia (Division 1), Appeals Judicial Registrar Thomas, 15 April 2025)
Division:	Division 1 First Instance
Number of paragraphs:	35
Date of hearing:	Determined on the papers
Place:	Adelaide
The Applicant:	Litigant in person

ORDER MADE BY:	KARI J
DATE OF ORDER:	21 JULY 2025