FAMILY COURT OF AUSTRALIA
| BONDAI & BRETTON (NO. 2) | [2010] FamCA 1237 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Application for discharge of independent children’s lawyer – Application made after final orders – No proceedings on foot – Application dismissed – Observations as to the role of independent children’s lawyers |
| Family Law Act 1975 (Cth) ss 68LA(2)(a), 68LA(5)(a) |
| Antoun v The Queen [2006] HCA 2 Bennett & Bennett (1991) FLC 92-191 Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337 Harris & Harris (1977) FLC 90-276 Johnson & Johnson (2000) 201 CLR 488 Kingley & Arndale (No 2) [2010] FamCA 968 Knibbs & Knibbs [2009] FamCA 840 Lloyd & Lloyd & the Child Representative (2000) FLC 93-045 Marsden & Winch (2009) FamCAFC 152 Miller & Harrington (2008) FLC 98-283 Pagliarella & Pagliarella (1993) 16 FamLR 688 Rice & Asplund (1979) FLC 90-725 S & E (unreported) BR 2362 of 1998, Warnick J, 10 July 2000 |
| APPLICANT: | Mr Bondai |
| RESPONDENT: | Ms Bretton |
| FILE NUMBER: | BRC | 13855 | of | 2007 |
| DATE DELIVERED: | 6 December 2010 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | O'Reilly J |
| HEARING DATE: | 30 November 2010 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Smith |
| SOLICITOR FOR THE APPLICANT: | Hogan Stanton Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Baston |
| SOLICITOR FOR THE RESPONDENT: | Lynn & Rowland Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: | Ms Carmody |
| THE INDEPENDENT CHILDREN’S LAWYER: | Barbara Fox Solicitor |
Orders
IT IS ORDERED
The mother’s application filed 18 November 2010 for the discharge of the independent children’s lawyer, and other orders, is dismissed.
AND IT IS FURTHER ORDERED
Any applications for costs together with supporting material and written submissions be filed and served by 4.00pm on Tuesday 14 December 2010.
Any material in response together with written submissions be filed and served by 4.00pm on Tuesday 21 December 2010.
The applications for costs, if any, be dealt with on the papers.
NOTATION:
Mr Smith, Mr Baston and Ms Carmody agreed that any cost applications be dealt with on the papers.
IT IS NOTED that publication of this judgment under the pseudonym Bonsai & Bretton is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: BRC 13855 of 2007
| MR BONDAI |
Applicant
And
| MS BRETTON |
Respondent
REASONS FOR JUDGMENT
Background
This is an unusual application seeking the discharge of an independent children’s lawyer after the conclusion of a trial and the making of final orders.
On 8 October 2010, I made several orders by consent (except in respect of a minor matter) concerning the children B born in March 2000 and E born in April 2001, including that the parties have equal shared parental responsibility for the children and that they live with the mother. The children, essentially, had become estranged from the father. In my reasons for judgment 8 October 2010 concerning the minor matter which I was required to determine, I said, in relation to the parties’ agreement for consent orders:
1.In this…
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- Bondai & Bretton (No 2) [2010] FamCA 1237
- Case
- [2010] FamCA 1237
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the independent children's lawyer should be discharged from their role. This required the court to assess the continued necessity and appropriateness of the independent children's lawyer's involvement in the proceedings, likely in light of the mother's application and any arguments presented in support of it.
O'Reilly J dismissed the mother's application for the discharge of the independent children's lawyer. While the reasoning behind this decision is not elaborated upon in the provided text, the outcome indicates that the court found sufficient grounds for the independent children's lawyer to continue their representation. The court also made orders regarding the process for dealing with any applications for costs, stipulating that these would be handled on the papers by a specified date.
Orders
Orders of the court
IT IS ORDERED
1.
The mother’s application filed 18 November 2010 for the discharge of the independent children’s lawyer, and other orders, is dismissed.
AND IT IS FURTHER ORDERED
2.
Any applications for costs together with supporting material and written submissions be filed and served by 4.00pm on Tuesday 14 December 2010.
3.
Any material in response together with written submissions be filed and served by 4.00pm on Tuesday 21 December 2010.
4.
The applications for costs, if any, be dealt with on the papers.
NOTATION:
Mr Smith, Mr Baston and Ms Carmody agreed that any cost applications be dealt with on the papers.
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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