Attard and Martin

[2011] FamCA 997

FAMILY COURT OF AUSTRALIA

ATTARD & MARTIN [2011] FamCA 997

FAMILY LAW – Case management hearing

Family Law Act 1975 (Cth)

APPLICANT: PHILLIP ATTARD

RESPONDENT: PATRIZZIA MARTIN

INDEPENDENT CHILDREN’S LAWYER:

FILE NUMBER: MLC 5416 of 2008

DATE DELIVERED: 17 November 2011

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 17 November 2011

REPRESENTATION

THE APPLICANT: No appearance

THE RESPONDENT: In person

INDEPENDENT CHILDREN’S LAWYER Mr Bult

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER David Stagg Tonkin & Co

Orders

1. That all extant applications are struck out.

2. That the order for the appointment of an Independent Children’s Lawyer made on 6 October 2009 is forthwith discharged.

3. That the reasons for judgment this day be transcribed, be placed upon the court file and be made available to the parties.

IT IS NOTED that publication of this judgment under the pseudonym Allen & Mullins 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 MELBOURNE

FILE NUMBER: MLC 5416 of 2008

PHILLIP ATTARD

Applicant

And

PATRIZZIA MARTIN

Respondent

INDEPENDENT CHILDREN’S LAWYER

REASONS FOR JUDGMENT

1. This is a case management hearing brought on at the instigation of the Court.  On 14 July 2009 Mr Attard, who is not present this morning and who has been called, filed an application seeking in very vague terms what he described as “full access” to his daughter.  A variety of documents were subsequently filed.  An amended response was filed by Ms Martin who is the respondent on 8 March 2011.  In effect she sought that the child Ebony live with her.  That was unnecessary in many ways because there was an existing order to that effect.

2. Effectively I treat Ms Martin’s response as a request that Mr Attard’s application be dismissed.  There have been a number of hearings in this Court including before the senior registrar on 6 October 2009, and then 1 February 2011 before me.  In the hearing on 6 October 2009 the senior registrar made an appointment for an Independent Children’s Lawyer to represent the interests of the child Ebony.  It is noted that at that hearing no other parenting orders other than that Mr Attard be able to send cards and short letters or photographs to Ebony.

3. In the hearing before me on 1 February 2011, I fixed the matter for hearing on 22 March as a reserve case, and it would appear that it did not get a hearing.  A number of events occurred after that including another hearing on 22 March 2011 before Mushin J at which a family report was ordered and that Mr Attard could see Ebony at a contact centre.  I am told that that has not been occurring.

4. On 23 June the release of a family report occurred after which the matter came back before me in chambers on 7 July 2011 at which time, having read the family report, I fixed the hearing for final determination on the 28 November list before Forrest J.  I then made orders for the filing of material by both parties.  An examination of the file will show that neither party filed any material.  Mr Attard had the obligation to provide his material first to enable Ms Martin to respond.  He was the one who wanted to alter the extant position.  Ms Martin indicated to me this morning that she had intended to rely upon the order that I made enabling her to proceed on an undefended basis, but someone at the Court talked her out of that position, saying that she did not need to do so.

5. Whilst I have some hesitation about why that would have occurred, the reality is that there was no need for further orders by her because she has the primary responsibility for the care of Ebony anyway.  As I said, Mr Attard has not attended this morning;  there is no basis for me to keep the proceedings alive.  I am not going to waste the Court’s resources further.

ORDERS DELIVERED

RECORDED:  NOT TRANSCRIBED

I certify that the preceding five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 17 November 2011.

Associate:  Elizabeth Hore

Date:  15 December 2011