Beale & Harvie

[2023] FedCFamC1A 181

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1) APPELLATE JURISDICTION

Beale & Harvie [2023] FedCFamC1A 181

Appeal from:

Harvie & Beale [2023] FedCFamC1F 782

Appeal number:

NAA 280 of 2023

File number:

MLC 9904 of 2015

Judgment of:

AUSTIN J

Date of judgment:

23 October 2023

Catchwords:

FAMILY LAW – APPEAL – PARENTING – Summary dismissal – Where the appeal was listed to afford the appellant mother the opportunity to be heard about why the appeal should not be summarily dismissed – Where the mother appeals from an order dismissing her application to discharge the Independent Children’s Lawyer (“the ICL”) – Where pursuant to s 68L of the Family Law Act 1975 (Cth) the appointment of an ICL in parenting proceedings lies in the discretion of the Court, as does the discharge of an ICL – Where the mother’s claim of the denial of procedural fairness is misconceived – Where the mother was afforded the chance to be heard but failed to attend the hearing before the primary judge – Where the mother appeals orders listing the matter for further directions and reserving costs of the father and the ICL – Where appeals only lie from judgments – Where none of the orders made by the primary judge is a judgment capable of supporting an appeal – Appeal summarily dismissed.

Legislation:

Family Law Act 1975 (Cth) Pt VII, s 68L

Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 26, 32, 46

Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 10.13

Cases cited:

Allesch v Maunz (2000) 203 CLR 172; [2000] HCA 40

Driclad Pty Ltd v Federal Commissioner of Taxation (1968) 121 CLR 45; [1968] HCA 91

Fierro & Fierro [2022] FedCFamC1A 72

Lloyd and Lloyd and Child Representative (2000) FLC 93-045

Lorde & Chu [2014] FamCAFC 228

Taylor v Taylor (1979) 143 CLR 1; [1979] HCA 38

Number of paragraphs:

17

Date of hearing:

23 October 2023

Place:

Newcastle (via Microsoft Teams)

The Appellant:

Litigant in person (did not participate)

Solicitor for the Respondent:

Higgins Legal

Counsel for the Independent Children's Lawyer:

Ms Ingenito

Solicitor for the Independent Children's Lawyer:

Macgregor Barristers and Solicitors

ORDERS

NAA 280 of 2023
MLC 9904 of 2015

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
DIVISION 1 APPELLATE JURISDICTION

BETWEEN:

MS BEALE

Appellant

AND:

MR HARVIE

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	AUSTIN J
DATE OF ORDER:	23 OCTOBER 2023

THE COURT ORDERS THAT:

1.The appeal is summarily dismissed.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

IT IS NOTED that publication of this judgment…