FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Vilas & Vilas (No 2) [2024] FedCFamC1F 899
File number(s): NCC 3703 of 2019 Judgment of: SMITH J Date of judgment: 11 December 2024 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Where applicant husband first sought orders pursuant to the Child Support (Assessment) Act 1989 (Cth) in an Amended Initiating Application filed less than two months prior to Final Hearing – where the respondent wife objected on both jurisdictional and procedural fairness grounds - where jurisdictional ground unclear – finding that wife was not given procedural fairness to address the claim at the final hearing – in circumstances where final hearing is likely to be stood-over part-heard – judicial determination as to whether the husband may seek child support departure orders stood-over to a later date Legislation: Child Support (Assessment) Act 1989 (Cth), Pt 7, ss 117, 123A
Family Law Act 1975 (Cth), Pt VIII, s 75
Federal Circuit and Family Court of Australia Act 2021 (Cth), Pts 3, 4, ss 50, 54
Cases cited: Gilford & Cavaco [2024] FedCFamC1A 55
Vang & Chung (No 3) [2024] FedCFamC1A 199
Division: Division 1 First Instance Number of paragraphs: 26 Date of hearing: 2-11 December 2024 Place: Newcastle Counsel for the Applicant, Fourth and Fifth Respondents: Mr Wong together with Mr Butters Solicitor for the Applicant, Fourth and Fifth Respondents: Millyard Family Lawyers Counsel for the First Respondent: Mr Bithrey together with Ms Evelyn Solicitor for the First Respondent: Clarity Lawyers Counsel for the Second and Third Respondents: Mr Sansom SC together with Mr Bland Solicitor for the Second and Third Respondents: Evans & Wislang ORDERS
NCC 3703 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR VILAS
Applicant
AND: MS VILAS
First Respondent
B2 PTY LTD
Second Respondent
B1 PTY LTD (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
SMITH J
DATE OF ORDER:
11 DECEMBER 2024
THE COURT ORDERS THAT:
1.Judicial determination as to whether the applicant’s Fourth Amended Initiating Application filed 18 October 2024 is to be accepted with respect to orders sought pursuant to the Child Support (Assessment) Act 1989 (Cth) is stood-over to a later date.
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 Vilas & Vilas has been approved pursuant to subsection 114Q(2)…
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- Vilas & Vilas (No 2) [2024] FedCFamC1F 899
- Case
- [2024] FedCFamC1F 899
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CaseChat Overview and Summary
Smith J considered that the wife had not been afforded procedural fairness to address the husband's application. The court noted that the final hearing was likely to be stood-over part-heard, making it inappropriate to decide the application at that time. Consequently, the court determined that the judicial determination as to whether the husband's application should be accepted would be stood-over to a later date. The court's decision was made in light of the procedural fairness concerns and the potential for the hearing to be part-heard.
Smith J made an order that the judicial determination regarding the husband's application for child support orders would be stood-over to a later date. This decision was made to ensure that the wife had adequate opportunity to address the application, respecting the principles of procedural fairness. The form of the order was subject to entry in the Court's records and potential review or variation under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
NCC 3703 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR VILAS
Applicant
AND:
MS VILAS
First Respondent
B2 PTY LTD
Second Respondent
B1 PTY LTD (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
SMITH J
DATE OF ORDER:
11 DECEMBER 2024
THE COURT ORDERS THAT:
1. Judicial determination as to whether the applicant’s Fourth Amended Initiating Application filed 18 October 2024 is to be accepted with respect to orders sought pursuant to the Child Support (Assessment) Act 1989 (Cth) is stood-over to a later date.
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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