Aquila and Cotter

[2017] FamCA 101

FAMILY COURT OF AUSTRALIA

AQUILA & COTTER [2017] FamCA 101

FAMILY LAW – PRACTICE AND PROCEDURE – Notice of Objection to Subpoena – where no appearance by objector – where objection not pressed by the parties or the ICL – Notice of Objection dismissed.

APPLICANT: Mr Aquila

RESPONDENT: Ms Cotter

INDEPENDENT CHILDREN’S LAWYER: Ms Robertson

FILE NUMBER: PAC 3621 of 2013

DATE DELIVERED: 31 January 2017

PLACE DELIVERED: Parramatta

PLACE HEARD: Parramatta

JUDGMENT OF: Foster J

HEARING DATE: 31 January 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Harris

SOLICITOR FOR THE APPLICANT: Matthews Folbigg Pty Ltd

COUNSEL FOR THE RESPONDENT: Mr Gardiner

SOLICITOR FOR THE RESPONDENT: Kathryn Renshall

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Druitt

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Robertson Solicitors

Orders

1. The Notice of objection filed 16 January 2017 is struck out and dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Aquila & Cotter has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT PARRAMATTA

FILE NUMBER: PAC 3621  of 2013

Mr Aquila

Applicant

And

Ms Cotter

Respondent

REASONS FOR JUDGMENT

1. In these child related proceedings, a Notice of Objection to Subpoena was filed on 16 January 2017 in relation to a Subpoena for Production of documents addressed to Ms B, Clinical Psychologist, being a subpoena for production for copies of various reports and background notes as to her engagement with the subject child. 

2. The Notice of Objection was lodged by Ms B and is listed before the Court today at 10.00 am. 

3. There is no appearance by Ms B to pursue the objection and the objection is not otherwise pressed by either of the parties to the proceedings or the Independent Children’s Lawyer.

4. The Notice of Objection is dismissed.

I certify that the preceding four (4) paragraphs is a true copy of the reasons for judgment of the Honourable Justice Foster delivered on 31 January 2017.

Associate: 

Date:  27 February 2017