Adzic & Adzic (No 3)

[2024] FedCFamC1F 840

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

DIVISION 1

Adzic & Adzic (No 3) [2024] FedCFamC1F 840

File number(s):	BRC 10366 of 2021
Judgment of:	HOWARD J
Date of judgment:	3 December 2024
Catchwords:	FAMILY LAW – PARENTING – application by the father to use documents produced in family law proceedings as part of his defence to a charge prosecuted in the Supreme Court of Queensland – where the father failed to appear at the time designated for the hearing of the application - application not opposed – application granted
Legislation:	Family Law Act 1975 (Cth)
Division:	Division 1 First Instance
Number of paragraphs:	2
Date of hearing:	3 December 2024
Place:	Brisbane
Applicant:	Litigant in person – did not attend
Solicitor for the respondent:	Sarah Cleeland Family Lawyers
Solicitor for the Independent Children’s Lawyer:	Norman & Kingston

ORDERS

BRC 10366 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR ADZIC Applicant
AND:	MS ADZIC Respondent
INDEPENDENT CHILDREN’S LAWYER

ORDER MADE BY:	HOWARD J
DATE OF ORDER:	3 DECEMBER 2024

THE COURT ORDERS THAT:

1.The Applicant father is granted leave by this Court to use any documents, communications, affidavits, applications or orders contained in and related to the family law proceedings in this Court, in file number BCR10366 of 2021, for the purpose of the father’s defence in relation to Indictment Number … in the Supreme Court of Queensland or any proceedings associated with those proceedings in the Supreme Court of Queensland.

2.The Applicant father is granted liberty to apply to vary this Order which has been made in his absence, and if the father elects to apply to vary the Order, then the Honourable Justice Howard will deal with the Application on 6 February 2025 at 11:00am.

THE COURT NOTES THAT:

A.The parties’ attention is drawn to s 114S(2)(b)(i) of the Family Law Act 1975 (Cth).

B.The parties’ attention is drawn to r 10.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

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.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

HOWARD J

These reasons were delivered ex tempore on 3 December 2024 and have been settled and corrected for grammatical errors and in order to convey the precise intention of the Court.

1. The matter before the Court relates to an Application in a Proceeding filed by the father in this case. The father is Mr Adzic, the mother is Ms Adzic. The parties have two children. I note there is a new Independent Children's Lawyer in this case, Mr Kingston. The mother is represented today by Sarah Cleeland Family Lawyers. The father is currently incarcerated and was due to attend via Microsoft Teams at 10:00am today, but due to a lack of adequate communication between the Court and the prison, the father was not available. My inclination was to adjourn the matter, however, the Court was opened, and I took appearances from Mr Kingston, being the Independent Children’s Lawyer, and from Ms Buchanan, the solicitor for the mother.

2. For the purposes of today, the Court was considering an Application in a Proceeding filed by the father on 21 November 2024. The father seeks the release of documents from these family law proceedings and permission for him to use those documents in the Supreme Court of Queensland in his criminal proceedings, primarily for the stated purpose of assisting his defence in relation to an indictment. When it became apparent that neither the Independent Children’s Lawyer nor the mother opposed the making of the Order, it seemed to me to be unnecessary to adjourn the matter and indeed unnecessary to hear from anyone further, including the father. Whilst it is unusual to make an Order in the absence of the applicant, when it's not opposed, it seems to me there's no cause for concern in order to ensure that no injustice occurs or is perceived to have occurred. I will give the father a liberty to re-list the matter again on 6 February 2025 in the event that he seeks some further or other Order. I am going to grant to the father his request, that is, I will make the order that he seeks in his application.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of the Honourable Justice Howard .

Associate:

Dated:       12 March 2025