FAMILY COURT OF AUSTRALIA
| ARNDALE & KINGLEY (NO 2) | [2011] FamCAFC 28 |
| FAMILY LAW - APPEAL – Application for expedition filed by the Independent Children’s Lawyer – Where should the appeal not be expedited the matter will not be able to proceed to trial before the end of the year – Where the father supports the application for expedition – Where the mother was not served with the application and the accompanying affidavit – Where the extraordinary weather conditions prevented the mother from being at her usual address – Where the self represented mother expressed some reservations about her ability to prepare for an expedited appeal – Where support will be given, as far as possible, to the mother to assist her preparation for the hearing of the appeal – Where the best interests of the child require expedition –Application allowed. FAMILY LAW - COSTS – The costs of the application of the father reserved to the Full Court. |
| Family Law Act 1975 (Cth) |
| APPELLANT: | Ms Arndale |
| RESPONDENT: | Mr Kingley |
| INDEPENDENT CHILDREN’S LAWYER: | Legal Aid Queensland |
| FILE NUMBER: | BRC | 1363 | of | 2008 |
| APPEAL NUMBER: | NA | 117 | of | 2010 |
| DATE DELIVERED: | 20 January 2011 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | May J |
| HEARING DATE: | 20 January 2011 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 8 October 2010 |
| LOWER COURT MNC: | [2010] FamCA 968 |
REPRESENTATION
| SOLICITOR FOR THE APPELLANT: | In person |
| SOLICITOR FOR THE RESPONDENT: | Smith & Associates |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid Queensland |
Orders
The hearing of the appeal filed 4 November 2010 be expedited. The appeal, if possible, be listed for hearing in the week commencing 28 March 2011, in the Brisbane sittings.
The costs of the respondent father of this application be reserved to the Full Court.
IT IS NOTED that publication of this judgment under the pseudonym Arndale & Kingley (No 2) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| IN THE APPELLATE JURISIDICTION OF THE FAMILY COURT OF AUSTRALIA AT BRISBANE |
Appeal Number: NA 117 of 2010
File Number: BRC 1363 of 2008
| Ms Arndale |
Appellant
And
| Mr Kingley |
Respondent
REASONS FOR JUDGMENT
Introduction
The proceedings between the parties concerns parenting orders for the child C Arndale-Kingley, born December 2006.
An application was filed on 24 December 2010 by Ms Dart, the Independent Children’s Lawyer, seeking that the appeal filed by the mother on 4 November 2010 be expedited.
The mother is appealing order 5 of the orders made by Justice O’Reilly on 8 October 2010. That order is in the following terms:
(5)The independent children’s lawyer not be discharged and a new independent children’s lawyer not be appointed.
There is one ground of appeal: that the trial judge failed to provide any or any adequate reasons for her decision. Should her appeal be allowed the mother asks that the Independent Children’s Lawyer be discharged, and that the father and Independent Children’s Lawyer pay her costs of and incidental to the appeal.
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- Arndale and Kingley (No 2) [2011] FamCAFC 28
- Case
- [2011] FamCAFC 28
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the appeal should be expedited, the implications of the mother not being served with the necessary documents, and the impact of the mother's self-representation and expressed concerns on the proceedings. The court had to weigh the need for expediting the appeal in the child's best interests against the procedural fairness and the mother's capacity to participate in the expedited process. The court determined that support would be given to the mother to assist her in preparing for the hearing of the appeal, and that the best interests of the child required the expedition of the appeal.
The court allowed the application for the expedition of the appeal, ordering that the appeal be listed for hearing in the week commencing 28 March 2011, in the Brisbane sittings, if possible. Additionally, the court reserved the costs of the respondent father's application to the Full Court for determination.
Orders
Orders of the court
1.
The hearing of the appeal filed 4 November 2010 be expedited. The appeal, if possible, be listed for hearing in the week commencing 28 March 2011, in the Brisbane sittings.
2.
The costs of the respondent father of this application be reserved to the Full Court.
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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