Billing and Davey and Anor

FEDERAL CIRCUIT COURT OF AUSTRALIA

BILLING & DAVEY & ANOR [2017] FCCA 2468

Catchwords:
FAMILY LAW – Parenting – consideration of the principles of In The Marriage of Rice and Asplund.

Legislation:

Family Law Act 1975, ss.60B, 60CA, 60CC, 61DA, 65DAA

In The Marriage of Rice and Asplund (1978) 6 Fam LR 570
King & Finneran [2001] FamCA 344
In the marriage of McEnerney [2001] FamCA 344
Marsden & Winch [2009] FamCAFC 152
DL & W [2012] FamCAFC 5
Goode v Goode [2006] FamCA 1346
In the Marriage of Bennett (1990) 14 Fam LR 397
Saad (1993) FLC 92-332

Applicant: MR BILLING

First Respondent: MS DAVEY

Second Respondent MS MITCHELL

File Number:

MLC 10850 of 2007 &

MLC 8380 of 2011

Judgment of: Judge Williams

Hearing date: 18 August 2017

Date of Last Submission: 18 August 2018

Delivered at: Melbourne

Delivered on: 13 October 2017

REPRESENTATION

Counsel for the Applicant: Mr Thompson of Counsel

Solicitors for the Applicant:	Johnston Family Lawyers
First Respondent:	In person

Counsel for the Second Respondent: Mr Sweeney of Counsel

Solicitors for the Second Respondent: Mills Oakley Lawyers

ORDERS

1. The proceeding MLC10850 of 2007 Mr Billing & Ms Davey and proceeding MLC8380 of 2011 Mr Billing & Ms Mitchell are consolidated.

2. The Initiating Applications of the father filed 8 November 2016 in proceeding MLC10850 of 2007 Mr Billing & Ms Davey and proceeding MLC8380 of 2011 Mr Billing & Ms Mitchell are dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Billing & Davey & Anor is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT MELBOURNE

MLC 10850 of 2007 & MLC 8380 of 2011

MR BILLING

Applicant

And

MS DAVEY

First Respondent

And

MS MITCHELL

Second Respondent

REASONS FOR JUDGMENT

Introduction

1. The applicant Mr Billing and Ms Davey, the respondent in proceedings MLC 10850 of 2007, are the parents of the child X (X) born (omitted) 2004. X is aged 13 years.

2. The applicant Mr Billing and Ms Mitchell, the respondent in proceedings MLC 8380 of 2011, are the parents of the child Y, (Y) born (omitted) 2009. Y is aged 8 years.

3. Final parenting orders in relation to X were made by Judge Bender by consent on 20 February 2012.

4. In summary the orders provide:

   a)X live with his mother and spend six nights each fortnight with his father;

   b)In odd numbered years X spend the first week of each school term holiday with his father, and in even numbered years X spend the second week of each school term holiday period with his father;

   c)X live with his parents on a week about basis during the long summer school holidays.

5. The first final parenting orders in relation to Y were made by Judge Hughes on 27 July 2012. The orders were made by Her Honour after a contested hearing of 5 days duration.

6. In summary the orders provide:

   a)Y live with her mother and spend progressively increasing time with her…