BANKS & LOFFLER

[2015] FamCA 380

FAMILY COURT OF AUSTRALIA

BANKS & LOFFLER [2015] FamCA 380

FAMILY LAW – EVIDENCE – Harman Undertaking – where father seeks to use material filed in these proceedings in his criminal proceedings – where no objection taken by mother – orders made allowing the release of affidavit and subpoena material for limited purpose.

Family Law Act 1975 (Cth) s 121

Hearne & Street (2008) 235 CLR 125

APPLICANT: Mr Banks

RESPONDENTS: Ms Loffler

FILE NUMBER: ADC 2014 of 2014

DATE DELIVERED: 14 May 2015

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 14 May 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Idema

SOLICITOR FOR THE APPLICANT: D’Angelo Kavanagh

COUNSEL FOR THE RESPONDENT: Mr B

SOLICITOR FOR THE RESPONDENT: John Charles Mattner

Orders

1. The applicant be permitted to provide copies of the following documents to the Director of Public Prosecutions, his criminal law barristers and solicitors, South Australian Police and the District Court of South Australia:

   (a)The mother’s Response filed 5 September 2014;

   (b)The mother’s Affidavit filed 5 September 2014;

   (c)  The Affidavit of John Charles Mattner filed 5 September 2014;

   (d)The Notice of Risk filed 5 September 2014 by the mother;

   (e)The subpoena material listed as items S6 and S10 PROVIDED THAT does not include the confidential material in S10.

2. The release of copies of all documents is restricted to and limited for use by the applicant father’s barristers and solicitors, the Director of Public Prosecutions, South Australian Police and the District Court of South Australia for the criminal proceedings filed against the applicant father.

3. The father’s Application in a Case filed on 17 March 2015 is dismissed and removed from the active pending cases list.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Banks & Loffler 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 ADELAIDE

FILE NUMBER: ADC 2014 of 2014

Mr Banks

Applicant

And

Ms Loffler

Respondent

EX TEMPORE REASONS FOR JUDGMENT

1. I am being asked to make orders this morning in relation to the release of material which has been filed by the mother and other party in these proceedings which relate to the care and welfare of one of the children of the mother and father and proceedings between the father, mother and grandmother of the child. 

2. The father is currently facing criminal proceedings in relation to another child, significant criminal proceedings which are to be heard in the District Court in July 2015.  I am being asked now by the father to give him permission to use documents filed in the Family Court of Australia proceedings in his defence of the criminal proceedings.

3. The application originally referred to section 121 and being released from the same, but counsel appropriately indicated that he was not now relying upon section 121 but seeking a release of the information pursuant to the Court’s power to release the parties from what has in…