FAMILY COURT OF AUSTRALIA
| ARNDALE & KINGLEY (NO. 3) | [2011] FamCAFC 128 |
| FAMILY LAW - APPEAL - CHILDREN – FAMILY CONSULTANT – where the previous family consultant in the matter had been discharged, the mother raised concerns about the impartiality of a new Court-appointed family consultant – where the mother made an application for a specific psychologist, external to the Court, to be engaged to prepare a family report – whether the trial judge erred in making an order that the Manager of Child Dispute Services appoint a new family consultant to prepare a new family report – no merit found in this ground of appeal. FAMILY LAW - APPEAL – CHILDREN - INDEPENDENT CHILDREN’S LAWYER – where the mother alleged that the Independent Children’s Lawyer would be influenced by previous discussions with, and reports by, the discharged family consultant – whether the trial judge erred in dismissing the mother’s application that the Independent Children’s Lawyer be discharged and a new Independent Children’s Lawyer be appointed – no merit found in this ground of appeal. |
| Family Law Act 1975 (Cth) ss 69ZT and 93A(2) Family Law Rules 2004 (Cth) r 22.22(2)(a) |
| CDJ v VAJ (1998) 197 CLR 172 at 201 to 203 B and R and the Separate Representative (1995) FLC 92-636 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 at 279 Bennett and Bennett (1991) FLC 92-191 at 78,266 and 78,267 Wen & Thom [2010] FamCAFC 81 at [57] |
| 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: | 15 June 2011 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | May, Strickland and Ainslie-Wallace JJ |
| HEARING DATE: | 31 March 2011 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 7 October 2010 |
| LOWER COURT MNC: | [2010] FamCA 968 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | Mr Baston (by direct brief) |
| SOLICITOR FOR THE APPELLANT: | In person |
| SOLICITOR FOR THE RESPONDENT: | Smith & Associates |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Brasch |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | Legal Aid Queensland |
Orders
The appeal be dismissed.
There be no order as to costs.
IT IS NOTED that publication of this judgment under the pseudonym Arndale & Kingley (No. 3) is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT 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
This is an appeal by Ms Arndale (“the mother”) against certain orders made by O’Reilly J on 8 October 2010 in parenting proceedings between the mother and Mr Kingley (“the father”). Those proceedings are in relation to the parties’ child born in December 2006.
The orders of O’Reilly J, in summary, discharged the family consultant, provided for a new family consultant to be appointed by the Manager of Child Dispute Services in Brisbane, refused an…
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- AGLC
- Arndale & Kingley (No. 3) [2011] FamCAFC 128
- Case
- [2011] FamCAFC 128
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trial judge erred in appointing a new family consultant and whether the trial judge erred in declining the mother's application to discharge the Independent Children’s Lawyer and appoint a new one. The mother contended that these appointments might not be impartial due to the new consultants' potential exposure to previous discussions and reports from the former consultant.
The court examined the mother's concerns regarding the impartiality of the new family consultant and the Independent Children’s Lawyer. It concluded that the trial judge had correctly assessed the situation and found no merit in the mother's claims of potential bias. The court found that the trial judge had adequately considered the mother's concerns and made appropriate decisions regarding the appointments, thereby not committing any error. Consequently, the appeal was dismissed, and there was no order as to costs.
Orders
Orders of the court
1.
The appeal be dismissed.
2.
There be no order as to costs.
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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