FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Yuen & Ainsworth (No 2) [2023] FedCFamC1F 294
File number(s): BRC 170 of 2021 Judgment of: JARRETT J Date of judgment: 20 April 2023 Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Application for vexatious proceedings order – Finding that the applicant has instituted vexatious proceedings on five occasions – Where the applicant resisted the making of a vexatious proceedings order in similar conduct to her previous vexatious proceedings – Consideration of principles of vexatious proceedings orders – Vexatious proceedings order made Legislation: Evidence Act 1995 (Cth) s 140
Family Law Act 1975 (Cth) ss 60CC, 102Q, 102QB
Vexatious Proceedings Act 2005 (Qld)
Vexatious Proceedings Act 2008 (NSW)
Cases cited: Ainsworth & Yuen (No 2) [2020] FCCA 2214
Ainsworth & Yuen (No 3) [2020] FCCA 3192
Aldridge v Keaton [2009] FamCAFC 229
Briginshaw v Briginshaw (1939) 60 CLR 336
Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398
Pencious v Searle [2017] FamCAFC 210
Potier v Attorney-General (NSW) (2015) 89 NSWLR 284
Rice & Asplund [1978] FamCA 84
Trahn & Long (No 2) [2008] FamCAFC 194
Yuen & Ainsworth [2021] FamCAFC 86
Yuen & Ainsworth [2022] FedCFamC1F 1025
Division: Division 1 First Instance Number of paragraphs: 105 Date of last submission/s: 9 February 2023 Date of hearing: 20 December 2022 Place: Brisbane Solicitor for the Applicant: Litigant in person (by written submission) Solicitor for the Respondent: Litigant in person (by written submission) ORDERS
BRC 170 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS YUEN
Applicant
AND: MR AINSWORTH
Respondent
order made by:
JARRETT J
DATE OF ORDER:
20 April 2023
THE COURT ORDERS THAT:
1.Paragraph 2 of the response to an initiating application filed on 3 February, 2021 be dismissed.
2.Pursuant to s 102QB(2) of the Family Law Act 1975 (Cth) Ms Yuen is prohibited from instituting proceedings against Mr Ainsworth under the Family Law Act 1975 (Cth) in a court having jurisdiction under that Act.
3.Otherwise all outstanding applications are 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).
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 the pseudonym Yuen & Ainsworth has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
JARRETT J:
On 20 December, 2022 I delivered judgment in these proceedings dismissing Ms Yuen’s application filed on 7 January, 2021…
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CaseChat Overview and Summary
The court's decision was based on a detailed examination of the various proceedings instituted by Ms Yuen, including her response to the initiating application, domestic violence order application, appeals, and other applications. The court found that Ms Yuen's conduct in these proceedings demonstrated a pattern of vexatious behaviour, including making serious allegations without evidentiary support, attempting to relitigate issues already decided by the court, and failing to accept the final orders made in 2020. The court also considered the principles applicable to vexatious proceedings orders, including the need for objective determination, the protective purpose of the order, and the relevance of the litigant's conduct in their general affairs.
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