Zha & Wun (No 10)

Case [2024] FedCFamC1F 850


FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Zha & Wun (No 10) [2024] FedCFamC1F 850

File number: SYC 4269 of 2020
Judgment of: SCHONELL J
Date of judgment: 9 December 2024
Catchwords: FAMILY LAW – PRACTICE AND PROCEDURE – Slip rule – Application to vary order of the Court under rule 5.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) – Whether the orders in question reflect the Court’s intention at the time the orders were made – Where the wife seeks leave to provide documents in Australian family law proceedings to other jurisdictions – Where the wife contends that the documents form part of the court record, were used in the proceedings, are not the subject of any Harman undertaking, and that disclosure of them would not be a communication to the public within the meaning of s 114Q – Where the husband does not consent to the release of documents due to the lack of specificity and precision of the documents – Where the second respondent contends that there is an absence of any evidence on behalf of the wife that the documents were necessary for the wife to achieve justice in the other proceedings – Application dismissed.
Legislation:

Family Law Act 1975 (Cth) s 114Q

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) rr 5.01, 6.04, 10.13(e), 10.13(g)

Cases cited:

Chakora and Bhander [2023] FedCFamC1F 127

Harman v Secretary of State for the Home Department [1983] 1 AC 280

Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283; [2005] FCAFC 3

Littlefield & Pemble (2023) FLC 94-165; [2023] FedCFamC1A 198

Pace & Halkias [2021] FamCAFC 81

R Pty Ltd ATF The Fletcher Trust & Jones and Anor [2016] FamCA 928

Re Orana Barellan Aboriginal Corporation (In Liq) [2002] NSWSC 990

Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217

Zha & Wun (No 8) [2024] FedCFamC1F 648

Division: Division 1 First Instance
Number of paragraphs: 32
Date of hearing: 27 November 2024
Place: Sydney
Counsel for the Applicant: Mr Reynolds
Solicitor for the Applicant: Pickering Pendleton
Counsel for the First Respondent: Mr Gray
Solicitor for the First Respondent: York Law
Counsel for the Second, Third and Fourth Respondents: Mr Turnbull
Solicitor for the Second, Third and Fourth Respondents: David H Cohen & Co

ORDERS

SYC 4269 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ZHA

Applicant

AND:

MR WUN

First Respondent

MR A WUN

Second Respondent

MS YANG (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

SCHONELL J

DATE OF ORDER:

9 DECEMBER 2024

THE COURT ORDERS THAT:

1.The relief as sought in the wife’s Further Amended Application in a Proceeding filed 25 November 2024 as to Order 1 – 3 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…

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AGLC
Zha & Wun (No 10) [2024] FedCFamC1F 850
Case
[2024] FedCFamC1F 850
Decision Date

CaseChat Overview and Summary

The matter before the Court involved an application by Ms Zha seeking leave to provide certain documents to other jurisdictions in Australian family law proceedings. The respondents, Mr Wun and Mr A Wun, opposed the application. The Court had to determine whether Ms Zha's request to disclose specific documents to other jurisdictions was permissible under the slip rule, and if so, whether the orders in question reflected the Court’s intention at the time they were made. The application was made under rule 5.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

The legal issues before the Court involved interpreting the slip rule and whether the documents in question could be disclosed to other jurisdictions. Ms Zha argued that the documents formed part of the court record, were used in the proceedings, were not subject to any Harman undertaking, and that disclosure would not constitute a communication to the public within the meaning of section 114Q. Mr Wun opposed the application, contending that the documents lacked specificity and precision. Additionally, Mr A Wun argued that there was no evidence to show that the documents were necessary for Ms Zha to achieve justice in the other proceedings.

The Court found that the orders in question did reflect the Court’s intention at the time they were made. However, it dismissed the application for leave to provide the documents to other jurisdictions. The Court was not satisfied that the documents were necessary for Ms Zha to achieve justice in the other proceedings, particularly due to the lack of evidence supporting this contention. Consequently, the Court ruled that the application for disclosure should be dismissed.

The Court dismissed the application as sought in the Further Amended Application in a Proceeding filed on 25 November 2024. This order is subject to the entry in the Court’s records and may be subject to review or variation under the relevant Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Orders

Orders of the court

SYC 4269 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS ZHA

Applicant

AND:

MR WUN

First Respondent

MR A WUN

Second Respondent

MS YANG (and another named in the Schedule)

Third Respondent

ORDER MADE BY:

SCHONELL J

DATE OF ORDER:

9 DECEMBER 2024

THE COURT ORDERS THAT:

1. The relief as sought in the wife’s Further Amended Application in a Proceeding filed 25 November 2024 as to Order 1 – 3 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

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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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