Wei & Wei (No 2) - [2023] FedCFamC1F 996

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Wei & Wei (No 2) [2023] FedCFamC1F 996

File number(s): MLC 530 of 2017

Judgment of: BENNETT J

Date of judgment: 16 November 2023

Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – where matter is unsatisfactorily prepared – where application made for applicant to attend final hearing electronically – where both parties require interpreters – where interpreter for the applicant was not able to provide simultaneous interpretation which delayed proceedings - where both parties are unrepresented – where final hearing of the matter cannot proceed reasonably or fairly by electronic means

Division: Division 1 First Instance

Number of paragraphs: 8

Date of hearing: 16 November 2023

Place: Melbourne via MS Teams

Counsel for the Applicant: Litigant in person

Counsel for the Respondent: Litigant in person

Solicitor for the Intervener: Mr AC (AD Lawyers)
ORDERS

MLC 530 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:
MS WEI

Applicant

AND:
MR WEI

Respondent

AD LAWYERS

Intervener

ORDER MADE BY:

BENNETT J

DATE OF ORDER:

16 NOVEMBER 2023

THE COURT ORDERS THAT:
1.This matter be fixed for a final hearing before me in person on 22 July 2024 estimated to take 5 days (“the final hearing”).
2.The final hearing proceed as a fully attended hearing with parties and witnesses being physically in attendance at the Melbourne Registry.
3.This matter be listed for case management hearing by Microsoft Teams before me on 17 April 2024 at 9.00am for the purpose of making directions for trial.
4.Any party wishing to make application or adduce evidence on 17 April 2024 file and serve any such application or evidence by no later than 17 March 2024 and any respondent file and serve a response and his/her evidence by 5 April 2024.
5.The question of the costs be reserved.
6.Any party requiring an interpreter on 17 April 2024 make arrangements with the Court and ensure that interpretation can be simultaneous and through a separate telephone line.
7.The Registrar of the Court enquire of the Victorian Bar Pro Bono Scheme how the applicant wife may make application for pro bono assistance.

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).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 a pseudonym has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
EX-TEMPORE
BENNETT J:

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 Wei & Wei (No 2)

Details

AGLC: Wei & Wei (No 2) [2023] FedCFamC1F 996
Case: [2023] FedCFamC1F 996
Decision Date: 16 November 2023

CaseChat Overview and Summary

The Federal Circuit and Family Court of Australia (Division 1) was presented with a case involving Ms Wei and Mr Wei. The central issue was the scheduling and conduct of their final hearing in a family law matter. Both parties were unrepresented and required interpreters, complicating the proceedings. The court was faced with an application from the applicant to participate in the final hearing electronically due to logistical challenges, including the unavailability of an interpreter capable of providing simultaneous interpretation, which would have delayed the proceedings significantly.

The legal issues before the court involved determining the appropriate method for conducting the final hearing given the specific circumstances of the case. The court had to consider whether the final hearing could proceed electronically in light of the interpreter's unavailability and the potential for delays. Additionally, the court had to ensure that the hearing could proceed fairly and reasonably for both parties, especially considering their unrepresented status and language barriers.

The court found that the final hearing could not reasonably or fairly proceed by electronic means due to the interpreter's inability to provide simultaneous interpretation. The court emphasised the importance of ensuring that all parties could participate fully and effectively in the proceedings. The judge scheduled the final hearing to be a fully attended hearing with all parties and witnesses physically present. The court also ordered a case management hearing to be held electronically to facilitate the preparation for the final hearing. Furthermore, the court directed the Registrar to inquire about potential pro bono assistance for the applicant.

The court's orders included setting a date for the final hearing, mandating it to be attended in person, scheduling a case management hearing, and reserving the question of costs. The court also mandated that any interpreter required for the case management hearing must be capable of providing simultaneous interpretation through a separate telephone line. Finally, the court directed the Registrar to inquire about pro bono assistance for the applicant.

Orders

Orders of the court

MLC 530 of 2017

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS WEI

Applicant

AND:

MR WEI

Respondent

AD LAWYERS

Intervener

ORDER MADE BY:

BENNETT J

DATE OF ORDER:

16 NOVEMBER 2023

THE COURT ORDERS THAT:

1. This matter be fixed for a final hearing before me in person on 22 July 2024 estimated to take 5 days (“the final hearing”).

2. The final hearing proceed as a fully attended hearing with parties and witnesses being physically in attendance at the Melbourne Registry.

3. This matter be listed for case management hearing by Microsoft Teams before me on 17 April 2024 at 9.00am for the purpose of making directions for trial.

4. Any party wishing to make application or adduce evidence on 17 April 2024 file and serve any such application or evidence by no later than 17 March 2024 and any respondent file and serve a response and his/her evidence by 5 April 2024.

5. The question of the costs be reserved.

6. Any party requiring an interpreter on 17 April 2024 make arrangements with the Court and ensure that interpretation can be simultaneous and through a separate telephone line.

7. The Registrar of the Court enquire of the Victorian Bar Pro Bono Scheme how the applicant wife may make application for pro bono assistance.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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(s):	MLC 530 of 2017
Judgment of:	BENNETT J
Date of judgment:	16 November 2023
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – where matter is unsatisfactorily prepared – where application made for applicant to attend final hearing electronically – where both parties require interpreters – where interpreter for the applicant was not able to provide simultaneous interpretation which delayed proceedings - where both parties are unrepresented – where final hearing of the matter cannot proceed reasonably or fairly by electronic means
Division:	Division 1 First Instance
Number of paragraphs:	8
Date of hearing:	16 November 2023
Place:	Melbourne via MS Teams
Counsel for the Applicant:	Litigant in person
Counsel for the Respondent:	Litigant in person
Solicitor for the Intervener:	Mr AC (AD Lawyers)

MLC 530 of 2017
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MS WEI Applicant
AND:	MR WEI Respondent
AD LAWYERS Intervener

ORDER MADE BY:	BENNETT J
DATE OF ORDER:	16 NOVEMBER 2023