Wither and Wither & Anor - [2024] FCWA 244

JURISDICTION : FAMILY COURT OF WESTERN AUSTRALIA
ACT: FAMILY LAW ACT 1975
LOCATION: PERTH
CITATION: WITHER and WITHER & ANOR [2024] FCWA 244
CORAM: TYSON J
HEARD: [REDACTED]
DELIVERED : Ex tempore
FILE NO/S: 4906 of 2019
BETWEEN: MS WITHER
Applicant
AND
MR WITHER
First Respondent
AND
MRS WITHER SENIOR
Second Respondent

Catchwords:

PRACTICE AND PROCEDURE - Suppression - Where the husband makes an application for the reasons and final orders to be suppressed pursuant to rule 94 of the Family Court Rules 2021 (WA) - Where suppression is sought based on the nature of the husband's occupation and his perceived potential adverse impact upon his professional reputation - Where the wife opposes such application - s 102PF of the Family Law Act 1975 (Cth) - Grounds for suppression not established - Court's primary objective is administration of justice to safeguard the public interest in open justice - Reasons to be anonymised for publication - Case turns on its own facts

Legislation:

Family Court Rules 2021 (WA)
Family Law Act 1975 (Cth)

Category: Reportable

Representation:

Counsel:

Applicant	:	Senior Counsel A
First Respondent	:	Self-Represented Litigant
Second Respondent	:	Did not participate

Solicitors:

Applicant	:	Law Firm A
First Respondent	:	Self-Represented Litigant
Second Respondent	:	Self-Represented Litigant

Case(s) referred to in decision(s):

Norton & Landle (Suppression or Non-Publication Orders) [2015] FamCA 125
Wither and Wither & Anor [2024] FCWA 177

WORDS IN SQUARE BRACKETS REPLACE WORDS USED IN THE ORIGINAL JUDGMENT - PARTIES' NAMES AND IDENTIFYING DETAILS HAVE BEEN CHANGED.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Wither and Wither & Anor has been approved by the Family Court of Western Australia pursuant to s 114Q(2) of the Family Law Act 1975 (Cth).

This copy of the Court's Reason for judgment may be subject to review to remedy minor typographical or grammatical errors (r 312(b) Family Court Rules 2021 (WA)), or to record a variation to the orders pursuant to r 311 Family Court Rules 2021 (WA).

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.

TYSON J:

1 The husband seeks an order that the Reasons[1] ("Reasons") and the orders following the trial be suppressed pursuant to rule 94 of the Family Court Rules 2021 (WA) ("the Rules"). In support of his application, he relies upon his affidavit, sworn 16 September 2024. The application is opposed by the wife, who says in effect, the criteria upon which a suppression order could be made have not been satisfied.

What is the husband's case?

[1] Wither and Wither & Anor [2024] FCWA 177

2 In turning to the husband's case, in support of his application, he deposes that he is a [specialised professional] at [workplace redacted], and during the course of these proceedings, a number of [professional individuals] have approached him and made inquiries about…

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 Wither and Wither & Anor

Details

AGLC: Wither and Wither & Anor [2024] FCWA 244
Case: [2024] FCWA 244
Decision Date: 21 October 2024

CaseChat Overview and Summary

The parties involved in this case are Wither and Wither and an additional respondent. The nature of the dispute concerns an application made by the husband for the reasons and final orders of the case to be suppressed under rule 94 of the Family Court Rules 2021 (WA). The husband sought suppression based on his occupation and the potential impact on his professional reputation. The wife opposed the application. The Family Court of Western Australia was tasked with deciding the legal issues presented by the case.

The primary legal issue before the court was whether the grounds for suppression had been established under section 102PF of the Family Law Act 1975 (Cth). The court had to balance the husband's concerns about his professional reputation against the principle of open justice, which is a fundamental aspect of the administration of justice in Australia. The court considered that the primary objective was to safeguard the public interest in open justice. The court found that the reasons for suppression were not established as required by the Act. However, the court determined that the reasons for the case should be anonymised for publication to balance the competing interests.

The court's reasoning emphasised that the administration of justice must prioritise the principle of open justice, which ensures transparency and accountability in legal proceedings. While recognising the husband's legitimate concerns about his professional reputation, the court concluded that the reasons for the case should be anonymised to protect his identity while maintaining the public interest in open justice. The court's decision underscored the importance of open justice in the legal system and the need to protect the public interest in transparency. The final orders of the court required the reasons for the case to be anonymised for publication.

Orders