Billing and Davey and Anor

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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…

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Details
Case
[2017] FCCA 2468
Decision Date

CaseChat Overview and Summary

In the matter of *Billing and Davey and Anor*, heard by Judge Williams, the dispute concerned parenting arrangements. The court consolidated two proceedings, MLC10850 of 2007 (Mr Billing & Ms Davey) and MLC8380 of 2011 (Mr Billing & Ms Mitchell), to address the parenting arrangements for the children.

The primary legal issue before the court was the father's application for parenting orders. The court was required to consider the principles established in *In The Marriage of Rice and Asplund* when determining the best interests of the children.

Judge Williams dismissed the father's Initiating Applications filed on 8 November 2016 in both consolidated proceedings. The court's reasoning, while not detailed in the provided text, indicates a determination that the father's applications were not in the best interests of the children, applying the relevant principles of family law. The court ordered the consolidation of the proceedings and the dismissal of the father's applications.

Orders

Orders of the court

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.