FAMILY COURT OF AUSTRALIA
| BONDAI & BRETTON | [2012] FamCA 429 |
| FAMILY LAW – CHILDREN – interim application for summary dismissal of substantive proceedings having regard to Rice and Asplund principles – where previous orders are eighteen months old – where previous orders were made by consent on the last day of a five day trial that included a lot of expert evidence – where the father was to be reintroduced to the children with the therapeutic assistance of a psychiatrist – whether the failure of reintroduction as expected by the orders amounts to a change in circumstances – where the trial judge made it clear in reasons that a failure of reintroduction would be a significant and outstanding change of circumstances – where the therapeutic assistance of the psychiatrist failed to effect reunification of the children with the father – whether a fresh application by the father for substantively changed parenting orders should be dismissed – whether there is a likelihood of orders being varied in a significant way as a result of a new hearing – whether when things do not actually occur as envisaged in the Court’s orders that amounts to a change of circumstances sufficient for Rice and Asplund purposes – where the existing orders could be varied in a significant way as a result of new hearing – whether the father’s substantive application should be given an expedited hearing due to not having spent time with the children for a long time – where the application does not bear features that justify it being given priority over all other cases already in list |
| Family Law Act 1975 (Cth) Division 12A |
| Rice & Asplund (1979) FLC 90-725 SPS v PLS (2008) FLC 93-363 Miller & Harrington (2008) FLC 98-283 Marsden & Winch (2009) FamCAFC 152 Reid v Lynch (2010) FLC 93-448 |
| APPLICANT: | Mr Bondai |
| RESPONDENT: | Ms Bretton |
| FILE NUMBER: | BRC | 13855 | of | 2007 |
| DATE DELIVERED: | 8 June 2012 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Forrest J |
| HEARING DATE: | 29 May 2012 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr A Smith |
| SOLICITOR FOR THE APPLICANT: | Hogan Stanton |
| COUNSEL FOR THE RESPONDENT: | Mr G Page SC |
| SOLICITOR FOR THE RESPONDENT: | Lynn & Rowland |
Orders
That the mother’s application filed 7 February 2012 in which she seeks dismissal of the father’s substantive application for parenting orders filed 16 December 2011 is dismissed.
That the father’s application for interim and procedural orders contained within his Initiating Application filed 16 December 2011 is dismissed.
That pursuant to s 68L(2), the interests of the children B Bondai born … March 2000 and E Bondai born … April 2001 be independently represented by a lawyer and it is requested that Legal Aid Queensland make arrangements as soon as practicable to secure that independent representation of the children's interests.
That the matter is adjourned to the Registrar for the making of all such directions as might be necessary for the further progress of the matter, including, if considered appropriate, directions for the final hearing…
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- AGLC
- Bondai and Bretton [2012] FamCA 429
- Case
- [2012] FamCA 429
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the father's substantive application for parenting orders should be dismissed. A secondary issue arose regarding the father's application for interim and procedural orders, which was also before the court.
Forrest J dismissed the mother's application to dismiss the father's substantive application for parenting orders. The court also dismissed the father's application for interim and procedural orders. Crucially, pursuant to section 68L(2) of the relevant legislation, the court ordered that the interests of the two children, B Bondai and E Bondai, be independently represented by a lawyer, requesting Legal Aid Queensland to make arrangements for this representation. The matter was then adjourned to the Registrar for directions regarding the further progress of the proceedings, including potential directions for a final hearing.
Orders
Orders of the court
1.
That the mother’s application filed 7 February 2012 in which she seeks dismissal of the father’s substantive application for parenting orders filed 16 December 2011 is dismissed.
2.
That the father’s application for interim and procedural orders contained within his Initiating Application filed 16 December 2011 is dismissed.
3.
That pursuant to s 68L(2), the interests of the children B Bondai born … March 2000 and E Bondai born … April 2001 be independently represented by a lawyer and it is requested that Legal Aid Queensland make arrangements as soon as practicable to secure that independent representation of the children's interests.
4.
That the matter is adjourned to the Registrar for the making of all such directions as might be necessary for the further progress of the matter, including, if considered appropriate, directions for the final hearing of the matter.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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