BARNS & BARNS

[2020] FamCA 597

FAMILY COURT OF AUSTRALIA

BARNS & BARNS [2020] FamCA 597

FAMILY LAW – PRACTICE AND PROCEDURE – Review of registrar’s decision – Where leave is sought to issue subpoenas – Where leave is sought to provide subpoena material to a single expert.

Darley & Darley [2020] FamCAFC 4

APPLICANT: Mr Barns

RESPONDENT: Ms Barns

FILE NUMBER: MLC 14779 of 2019

DATE DELIVERED: 22 July 2020

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Rees J

IN CHAMBERS: 22 July 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Reid

SOLICITOR FOR THE APPLICANT: Lander & Rogers (Sydney)

SOLICITOR FOR THE RESPONDENT: York Law Family Law Specialists

Orders

IT IS ORDERED

1. That leave be granted to issue subpoenas to:

   ·    Medicare and the Pharmaceutical Benefits Scheme

   ·    Dr M

   ·    Dr N

   ·    Dr D

   ·    F Medical Centre in relation to the mother and the subject child only.

   ·    G Company

   ·    Dr H of the J Clinic, Suburb K

2. That the solicitors for the father have leave to copy the material produced pursuant to the subpoenas referred to in Order 1 for the purpose of providing the copies to Dr L.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: MLC 14779 of 2019

Mr Barns

Applicant

And

Ms Barns

Respondent

REASONS FOR JUDGMENT

1. Parenting proceedings in relation to X, aged two years, between Mr Barns (“the father”) and Ms Barns (“the mother”) are waiting for a substantive hearing.

2. The significant issue to be determined is whether the mother, who now lives in Sydney with X, should be required to return X to Melbourne where the father lives. The proceedings raise issues about the mother’s physical and emotional health.

3. A single expert, Dr L, who is a child and family psychiatrist, has been engaged to prepare a report.

4. The father sought leave to issue a number of subpoenas for the purpose of making the material produced available to Dr L. A registrar refused leave.

5. The father now seeks, by an Application in a Case, to review the decision of the registrar and the matter proceeds before me by way of hearing de novo.

6. Both of the parties have filed written submissions and the matter is to be dealt with in Chambers without further appearances.

7. The father wishes to issue subpoenas directed to:

   ·    Medicare and the Pharmaceutical Benefits Scheme;

   ·    Dr M;

   ·    Dr N;

   ·    Dr D;

   ·    P School;