Chechi v Bashier & Ors [1999]

1. Facts:

• In Chechi v Bashier, the case involved a dispute between two brothers regarding a business issue.

• Although the dispute was not inherently a family matter, it was determined that the Family Law Act (FLA) could still be applicable because the parties were related and associated.

2. Outcome:

• The court held that the Family Law Act (FLA) could be invoked in this context due to the familial association, despite the dispute being a business matter rather than a traditional family dispute.

• Under s.42(5) of the Act, which addresses non-molestation orders, the court is required to consider all relevant circumstances, including the health, safety, and well-being of the applicant when making its decisions.

3. Impact and Analysis:

• Wide Scope of FLA: The decision in Chechi v Bashier illustrates the broad applicability of the Family Law Act in disputes involving related parties, even when the conflict is not strictly about family matters. This broad scope allows the Act to address various issues where familial relationships are involved.

• Consideration of Circumstances: The case underscores the importance of considering the full range of circumstances under s.42(5) of the Act. The court’s approach involves evaluating the health, safety, and well-being of the applicant, ensuring that the context and impact on the individuals involved are thoroughly considered.

• Protection Beyond Traditional Family Disputes: By applying the FLA in this business-related dispute, the court demonstrated a flexible approach to protecting individuals associated with familial ties, reinforcing that the protections offered by the Act can extend beyond conventional family disputes.

• Implications for Future Cases: The ruling sets a precedent for applying the FLA in broader contexts where familial associations are present, highlighting the Act’s capacity to address a wider range of situations involving personal safety and well-being within familial or associated relationships.