FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Bonnel & Jephson (No 5) [2025] FedCFamC1F 288
File number(s): BRC 12366 of 2021 Judgment of: JARRETT J Date of judgment: 7 May 2025 Catchwords: FAMILY LAW – CHILDREN – Where the parties are agreed on a number of orders – Where the principal area of disagreement concerns the time and the way the children will spend time with the respondent – Where the respondent does not genuinely accept the children’s autism diagnoses and their need for various supports – Where it was found that the applicant and independent children’s lawyer's proposed orders for time will bring more benefit to the children than those proposed by the respondent
FAMILY LAW – PROPERTY ADJUSTMENT – Where the respondent and his mother assert that the advances were loans, but there was no evidence relating to an agreed time for repayment or as to the terms of interest – Where the respondent contends there is a “negative asset pool”
Legislation: Family Law Act 1975 (Cth) ss 62G(2), 79(4)(g), 106B Cases cited: Bonnel & Jephson [2022] FedCFamC1F 812
Budiarta & Zavahir [2016] FamCA 923
Darmanin v Cowan [2010] NSWSC 1118
Pearce & Pearce (No 3) [2022] FedCFamC1F 418
Teen Ranch Pty Ltd v Brown (1995) 87 IR 308
Wayne & Dillon & Dillon [2008] FamCAFC 204
Division: Division 1 First Instance Number of paragraphs: 140 Date of hearing: 14, 15, 16 & 17 October 2024 Place: Brisbane Counsel for the Applicant: Mr Carlton Solicitors for the Applicant: ABKJ lawyers Counsel for the Respondent: Mr Blond Solicitors for the Respondent: O’Reilly & Sochacki Lawyers Counsel for the Independent Children’s Lawyer: Mr George Solicitors for the Independent Children’s Lawyer: Legal Aid Queensland ORDERS
BRC 12366 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS BONNEL
Applicant
AND: MR JEPHSON
Respondent
INDEPENDENT CHILDREN’S LAWYER
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
7 MAY 2025
BY CONSENT THE COURT ORDERS THAT:
1.All previous parenting orders and notations be discharged.
2.The parents of the children BB born 2013 and Y born 2017, shall each take all necessary and reasonable steps and use their best endeavours to ensure that, where the children’s surname is used, that be the name “JEPHSON”, and that this be the only surname by which the children will be referred to and known, by both parties and in official contexts (such as regarding the children’s school and treating medical and allied practitioners) and by third parties.
3.The applicant shall exercise sole parental responsibility for decisions for the long-term medical and allied health needs for the children BB born 2013 and Y born 2017, provided that:
(a)at least one (1) month prior to the date when a decision needs to be implemented (unless the decision relates to an acute or life threatening illness or injury when the timeframe will be dictated by the children’s needs), prior to making her decision, the applicant will give written notice to the respondent of the decision to…
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CaseChat Overview and Summary
The court found that the applicant and the independent children's lawyer's proposed orders for the children's time with Mr Jephson would be more beneficial than those proposed by the respondent. The court reasoned that the respondent did not genuinely accept the children's autism diagnoses and their need for various supports, which was critical in determining the most beneficial time-sharing arrangements. The court also noted that there was insufficient evidence to support the respondent's claim that certain advances were loans, and thus, the respondent's contention of a "negative asset pool" was not substantiated. The court ordered that the children would spend specific times with Mr Jephson, including during alternate weekends and on certain holidays, and established detailed guidelines for communication, changeovers, and other parenting-related matters to ensure the children's well-being and stability. The court also detailed property distribution, including a requirement for the respondent to pay a specific sum to the applicant and provisions for the sale of a property if the payment was not made. The court emphasized the importance of the children's health and well-being in all its decisions.
Orders
Orders of the court
BRC 12366 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS BONNEL
Applicant
AND:
MR JEPHSON
Respondent
INDEPENDENT CHILDREN’S LAWYER
ORDER MADE BY:
JARRETT J
DATE OF ORDER:
7 MAY 2025
BY CONSENT THE COURT ORDERS THAT:
1. All previous parenting orders and notations be discharged.
2. The parents of the children BB born 2013 and Y born 2017, shall each take all necessary and reasonable steps and use their best endeavours to ensure that, where the children’s surname is used, that be the name “JEPHSON”, and that this be the only surname by which the children will be referred to and known, by both parties and in official contexts (such as regarding the children’s school and treating medical and allied practitioners) and by third parties.
3. The applicant shall exercise sole parental responsibility for decisions for the long-term medical and allied health needs for the children BB born 2013 and Y born 2017, provided that:
(a) at least one (1) month prior to the date when a decision needs to be implemented (unless the decision relates to an acute or life threatening illness or injury when the timeframe will be dictated by the children’s needs), prior to making her decision, the applicant will give written notice to the respondent of the decision to be made and her proposed decision and reasoning for it, and invite the respondent to respond to her in writing within fourteen (14) days of her notice being given;
(b) permit the respondent to provide his written response including any alternative options to her within the said fourteen (14)-day period;
(c) consider any written response and alternate options and reasoning which the respondent has provided to her, in her decision-making thereafter; and
(d) once the applicant has made her decision, she shall provide written notice to the respondent of her ultimate decision and reasoning for this; and
(e) the applicant must keep the respondent informed in writing of the names and details of the children’s current treating medical and allied health practitioners, of any further specialist diagnoses or referrals made for the children and provide copies of any further letter/s of diagnosis to the respondent, provide details of any treatment plans and prescriptions made for the children, and provide copies of prescriptions to be filled by the respondent and or medications prescribed for the children to be taken by the children when they will be in the respondent’s care pursuant to these orders.
4. The parents shall exercise joint responsibility for making all long-term decisions for the children other than those provided for in above order 3, as follows:
(a) they will inform the other parent of the decision to be made;
(b) they will consult with each other by:
(i) the parent making the initial proposal (“the first parent”) providing in writing to the other parent (“the second parent”) the details of any proposal and the intended date the proposal is to be implemented;
(ii) if the second parent does not agree with the initial proposal, then the second parent will provide details of any proposed variations in writing to the first parent within seven (7) days;
(iii) if the second parent responds to the initial proposal with variations, the first parent will respond to the second parent about the variation in writing within seven (7) days to advise whether there is agreement; and
(iv) the parents will each make a genuine effort to reach a joint decision prior to the date the initial proposal is due to be implemented.
5. Should the parents be unable to agree in future on any significant parenting matters for the children pursuant to above order 4, then the process to be used for resolving disputes about the terms or operation of these orders is as follows:
(a) the parents will consult with a Family Dispute Resolution Practitioner (“FDRP”) such as via Relationships Australia or a private practitioner to assist with resolving the dispute;
(b) the parents will pay the costs (if any) of the FDRP equally;
(c) if the parents cannot agree upon the FDRP, then the applicant will nominate three (3) practitioners and advise the respondent in writing the details of each practitioner’s fees, experience and availability;
(d) the respondent will then choose one of the practitioners from the applicant’s list within seven (7) days of receipt of the list;
(e) if the respondent fails to choose a practitioner within the seven (7) days, the applicant may choose a practitioner; and
(f) whichever way the practitioner is chosen, the applicant is to arrange for an initial appointment for the parties to attend upon the FDRP as soon as possible and will notify the respondent of the details of the appointment in writing as far in advance as possible of the appointment date.
6. If either parent does not respond to the other’s proposal or does not engage in the dispute resolution process referred to in orders 4 and 5 above, then the first parent is at liberty to implement the initial proposal at the expiration of one (1) month from the date written notice of the initial proposal was provided to the second parent.
7. The children shall live with the applicant when they are not otherwise living with the respondent.
8. In addition to any other time provided for in these orders, the children shall spend time with the respondent:
(a) at Christmas in year 2025 and in each odd numbered year thereafter, the children will spend time with the applicant from 2.00pm on 24 December until 2.00pm on 25 December, and the children will spend time with the respondent from 2.00pm on 25 December until 2.00pm on 26 December;
(b) at Christmas in year 2026 and in each even numbered year thereafter, the children will spend time with the respondent from 2.00pm on 24 December until 2.00pm on 25 December, and the children will spend time with the applicant from 2.00pm on 25 December until 2.00pm on 26 December;
(c) on the weekend during which Father’s Day falls the children shall spend time with the applicant on that weekend from after school on Friday (3.00pm if a non-school day) until before school on Monday (9.00am if a non-school day), and the respondent’s time with the children on that weekend is otherwise suspended.
9. The parents will each initiate telephone or video call communication to the children when the children are in the other parent’s care, the respondent at 6.00pm on Thursdays and the applicant at 6.00pm on Saturdays, with the call or video communication to be made directly to the children and to be facilitated by the parent who has the care of the children at the time of the communication and with the children to be provided with their privacy during their communication.
10. The children are at liberty to have telephone or video call communication with each parent at any reasonable time, and the parent with the care of the children when either child or both children express a view or wish to that parent to have communication with their other parent will facilitate and initiate communication for the child/ren to their other parent, and if the other parent is not available to take the children’s call at that time then another call will be facilitated and initiated 15 minutes later.
11. The parents shall effect changeover of the children between them at school when changeover is to be effected after or before school pursuant to these orders, and otherwise at the Suburb CC McDonald’s, or as may otherwise be agreed between the parents in writing and either parent may effect changeover via a nominee on their behalf provided that their nominee is known to each parent and to the children.
12. For the purposes of changeover:
(a) where changeovers occur in person between the parents neither parent will raise or discuss issues at changeover which may be at that time the subject of dispute or issues of significance to be negotiated between them;
(b) belongings passing with the children between the parents should be limited to items which can fit in the children’s schoolbags, unless otherwise agreed in writing; and
(c) for the purposes of facilitating items passing between the parents’ homes:
(i) homework and any clothing received from the other parent and other items shall pass with the children by dropping any necessary baggage at an agreed place, provided that if no place can be agreed, then at the children’s school administration office, for collection by the other parent on Monday afternoons or at changeovers if a non-school day;
(ii) the items shall include the children’s items of comfort; and
(iii) during school terms the respondent shall ensure that, at the conclusion of the children’s time with him, the children are wearing the school uniforms in which they commenced to spend time with him, such that the children’s school uniforms will be laundered by the respondent over that time and worn on the next school day on which they are to be returned to the applicant if a school day.
13. Unless in an emergency concerning the children or as otherwise provided for in these orders, all communication between the parents shall be in writing via the ‘Talking Parents’ app, with the applicant to enrol and send the respondent an invitation to the app and the respondent to accept within twelve (12) hours of his receipt of that invitation, with this app to thereafter be utilised by the parents for parental communication (or such other substitute app as may be agreed to between the parents in writing thereafter but if no agreement then by the applicant proposing by email to the respondent a list of three (3) alternate comparable services and the respondent then selecting one from that list within five (5) days of his receipt of the applicant’s list and the respondent then forthwith advising the applicant by email of his choice), and shall be limited to communication about parenting related issues.
14. To facilitate the parents’ communication about the children, each parent must maintain any necessary subscription and technology to ensure their written parenting communication remains viable and each shall keep the other informed via the app or by email of a mobile telephone number for use in an emergency or urgent circumstances involving the children.
15. In an emergency concerning the children and for the purposes of the parents’ selection of any new communication app, the parents may communicate together by text message and email.
16. Neither parent shall use physical discipline or punishment on the children nor permit any other person to do so.
17. Neither parent shall use or be under the influence of any illegal or illicit drugs at any time when the children are in that parent’s care.
18. The parents and their servants or agents are restrained from abusing, insulting, belittling, rebuking or otherwise denigrating the other parent or their family, to or in the presence or hearing of the children and from permitting any other person to do so.
19. The parties each have leave to provide to any treating therapeutic professional on whom they may attend for psychological support to cope with co-parenting the children with the other party and for support to manage the children’s parenting, a sealed copy of these orders and the Affidavit of Ms DD filed on 30 September 2024.
20. Each parent must:
(a) maintain involvement with the children’s treating medical and allied practitioners sufficient to maintain knowledge of the children’s current prescribed medications, treatment plans, therapies and recommended behaviour management strategies;
(b) comply with the children’s prescribed medications, treatment plans, therapies and recommended behaviour management strategies;
(c) not use the children as messengers between the parents;
(d) keep the other parent informed at all times of their residential address, mobile telephone number and email address and advise the other in writing of any change/s to these details within twenty-four (24) hours of such change; and
(e) inform the other parent as soon as reasonably practicable of the specifics and particulars of any serious medical condition or significant health issue or significant other emergency suffered by either child or both children whilst in that parent’s care.
21. Within five (5) days of the date of these orders the respondent shall contact the provider of the ‘Parental Education Program’ offered by Dr EE at FF Services and enrol/register to commence that program on the first available date and then complete the program, and he shall advise the applicant in writing of the start date of his attendance prior to that date, and upon completion of the program he shall provide to the applicant any written confirmation by the program provider demonstrating his completion of the program within forty-eight (48) hours of his receipt of such confirmation.
22. These orders authorise each parent to communicate with the children’s treating medical and allied health practitioners about the children and to request to be provided by the practitioners with information about the children’s progress and treatment (at the requesting parent’s own expense, if any) and to discuss the children and their treatment subject to the usual discretion of each practitioner.
23. The parents shall each have the opportunity to participate in any further assessment regarding either or both child/ren for ASD or other developmental, medical, psychological, mental health reason reasonably recommended by any medical or allied health professional on whom the children attend, including but not limited to providing any assessing practitioner/s with such information as is reasonably requested and required pursuant to that process, including attending and facilitating the attendance of the child/ren at appointments made pursuant to the assessment/s, but nothing in this order requires the parents to attend at the same time.
24. To give effect to these orders, the parents each have leave to provide a sealed copy of these orders to the children’s treating medical and allied health practitioners.
25. These orders authorise each parent to communicate with the children’s school/s and any outside school hours care provider, about the children’s attendance and progress, and each parent is hereby authorised to request to be provided by these educational facilities with (at the requesting parent’s own expense, if any) copies of documents about the children including but not limited to report cards, assessments and school photograph order forms, and to attend at the children’s school and outside school hours care, for student events to which parents are ordinarily invited.
26. The parties shall each take all reasonable and necessary steps to request and ensure that the other parent is included and is maintained as an emergency contact for the children with the children’s school/s and with any outside school hours care provider.
27. To give effect to these orders, the parents each have leave to provide a sealed copy of these orders to the children’s school/s and to any outside school hours care provider.
28. The Family Law Watchlist order made 22 March 2023 be discharged.
29. In accordance with the terms of order 30 herein, the applicant and, subject to order 38 hereof the respondent, are permitted to travel outside of the Commonwealth of Australia with the children:
(a) once each year for a maximum consecutive period of two (2) weeks, with such travel to take place during a school holiday period; and
(b) once every four (4) years, commencing in 2027, the applicant may travel with the children for a maximum consecutive period of six (6) weeks, for the purpose of the children’s attendance at a cultural event in Country GG.
30. In the event that a parent wishes to travel with BB and/or Y outside of the Commonwealth of Australia, that parent shall:
(a) not less than forty-two (42) days prior to the proposed travel, notify the other parent in writing as to:
(i) the country/ies to which the children will travel and with whom BB and/or Y shall travel; and
(ii) the date upon which BB and/or Y will depart from and return to the Commonwealth of Australia.
(b) Not less than seven (7) days prior to departure provide:
(i) the airline/s and flight details upon which BB and/or Y shall travel;
(ii) a telephone number on which the non-travelling parent may communicate with the children whilst overseas; and
(iii) evidence of travel insurance.
31. The respondent sign all documents, give all consents and do all necessary things requested by the applicant to enable the children to be issued with an Australian passport within seven (7) days of being provided with the necessary documents by the applicant, in default of which, a registrar of this Court be authorised under s 106A to sign all documents and give all consents and do all necessary things to cause the passport to issue.
32. The respondent shall forthwith return the children’s passports, whether current or expired, to the applicant, and the applicant shall retain the children’s passports.
33. The applicant be and is hereby restrained from bringing the children into contact with and from having any communication with Mr N.
34. The Independent Children’s Lawyer has leave to provide a sealed copy of these orders to the Director-General, Department of Child Safety, Seniors and Disability Services Queensland.
35. Otherwise, all outstanding parenting applications are discharged.
THE COURT FURTHER ORDERS THAT:
36. The children shall spend time and communicate with the respondent as agreed between the parents and otherwise as follows:
(a) during the Queensland gazetted school Term periods:
(i) commencing forthwith, and on each alternate weekend thereafter until the commencement of Term 3 of the 2025 Queensland school year, from after school (3.00pm if a non-school day) on Friday until 5.00pm on Saturday;
(ii) then, commencing on Friday, 18 July 2025 and on each alternate weekend thereafter until the commencement of Term 4 of the 2025 Queensland school year, from after school (3.00pm if a non-school day) on Friday until 5.00pm on Sunday;
(iii) then, commencing on Friday, 10 October 2025, and on each alternate weekend thereafter, from after school (3.00pm if a non-school day) on Friday until before school on Monday (9.00am if a non-school day).
(b) commencing with the end of the Term 1, 2026 Queensland school year, and in each gazetted school holiday period thereafter, time on each alternate weekend pursuant to above order 36(a)(iii) will continue and shall be extended to conclude at 5.00pm on Wednesday; and
(c) in 2025 and in each year thereafter, on the weekend during which Father’s Day falls, if not already a ‘time with’ weekend pursuant to these orders, from after school on Friday (3.00pm if a non-school day) until before school on Monday (9.00am if a non-school day).
37. On each of the children’s birthdays, the children shall spend time with the applicant and the respondent, as agreed between the applicant and the respondent, and failing agreement as follows:
(a) where the birthday falls on a weekday:
(i) for a period of not less than four (4) hours from the completion of school until 7.00pm with the respondent, if the children are not already spending time with the respondent on that day;
(ii) for a period of not less than four (4) hours from the completion of school until 7.00pm with the applicant, if the children are not already spending time with the applicant on that day;
(b) where the birthday falls on a weekend:
(i) if the children are not already spending time with the respondent on that day, from 10.00am to 2.00pm with the respondent;
(ii) if the children are not already living with the applicant on that day, from 10.00am to 2.00pm with the applicant.
38. Insofar as it permits the respondent to travel overseas with the children, order 29(a) will commence operation on the last day of Term 1 of the children’s 2026 school year.
AND THE COURT FURTHER ORDERS THAT:
39. Within ninety (90) days of the date of this order (“the payment date”), the respondent pay to the applicant the sum of $911, 500 (“the payment sum”).
40. In the event that the respondent does not pay to the applicant the payment sum by the payment date, the real property situate and known as HH Street, Suburb AA, in the State of Queensland, being the whole of the land more particularly described as Lot … on RP … (“the Suburb AA property”) shall forthwith be offered for sale on the following terms:
(a) the Suburb AA property shall be listed for sale by auction with a real estate agent as agreed between the parties in writing (“the selling agent”), and in the absence of agreement within seven (7) days of the payment date:
(i) the applicant shall provide to the respondent a list of three (3) real estate agents;
(ii) the respondent shall nominate one of the real estate agents from the applicant’s list, within three (3) business days from receipt of the list;
(iii) in the event the respondent fails to nominate a real estate agent within the said timeframe, the applicant shall choose the real estate agent from the list to be appointed for the sale pursuant to this order;
(b) the contract of sale for the Suburb AA property provide for a settlement period of no more than sixty (60) days from the date of the contract unless otherwise agreed in writing by the parties;
(c) the reserve price of the Suburb AA property be an amount as agreed between the parties, and failing agreement, at the price set by the selling agent;
(d) the parties will cooperate in every way with the selling agent in relation to the marketing of the sale of the Suburb AA property, including but not limited to:
(i) making a key available to the selling agent;
(ii) allowing inspection of the Suburb AA property at all reasonable times requested by the selling agent;
(iii) doing or saying nothing to hinder or prevent a sale being effected;
(iv) ensuring that the Suburb AA property, including the grounds, are in a neat and clean condition at the time of inspection by the selling agent and prospective purchasers; and
(v) signing all appropriate documents requested by the selling agent in relation to the listing for sale of the Suburb AA property;
(e) the respondent shall be responsible for payment of the auction expenses payable before the Suburb AA property is auctioned;
(f) the parties shall attend the auction (either in person or electronically) and negotiate with the highest bidder or any other interested party in the event that the reserve price is not reached;
(g) upon an agreement being reached for the sale of the Suburb AA property, the parties shall execute the contract for sale and all other documents necessary to complete the sale of the Suburb AA property including all transfer documentation forthwith upon its submission to them by the selling agent, agent or their solicitor;
(h) the proceeds of sale of the Suburb AA property shall be paid in the following order and priority:
(i) firstly, to pay all costs and commissions of the sale including any auction costs;
(ii) secondly, to discharge the Mortgage No. …, registered with E Bank, secured upon the title to the Suburb AA property;
(iii) thirdly, the balance thereafter to be paid to the parties to give effect to orders 39 and 40 herein.
41. In the event that the Suburb AA property is not sold at the auction pursuant to these orders or within fourteen (14) days after the date of the auction by further negotiation, then the parties will cause a further auction of the Suburb AA property to be held within four (4) months after the date of the first auction and for that purpose the provisions of order 41 herein will apply.
42. The applicant shall do all such acts and sign all documents as are necessary to remove Caveat No … over the Suburb AA property upon the earlier of the following occurring:
(a) contemporaneously with the parties’ fulfilment of orders 39 and 40 herein; or
(b) at such juncture as is necessary to effect the sale of the Suburb AA property pursuant to orders 40 and/or 41 herein.
43. The respondent shall use his best endeavours to have the mortgage registered over the title to the Suburb AA property by Ms Fairburn removed within 30 days of order 40 hereof being engaged.
44. Unless otherwise provided for in these orders, the applicant will retain to the exclusion of the respondent:
(a) any and all bank accounts in her sole name;
(b) all personal belongings in her possession;
(c) all furniture and household contents in her possession;
(d) her superannuation entitlements;
(e) all other assets, and financial resources in her name, possession and/or control;
and the respondent shall relinquish all rights, title and interests he might otherwise have had in the said property.
45. Unless otherwise provided for in these orders, the respondent will retain, to the exclusion of the applicant:
(a) any and all bank accounts in his sole name;
(b) the motor vehicles in his sole name;
(c) the boats and other vessels in his possession;
(d) all personal belongings in his possession;
(e) all furniture and household contents in his possession;
(f) his superannuation entitlements;
(g) all other assets, and financial resources in his name, possession and/or control;
and the applicant shall relinquish all rights, title and interests she might otherwise have had in the said property.
46. Unless otherwise specified in these orders, and save for the purposes of enforcing any monies due under these or any subsequent orders:
(a) each party be solely entitled to the exclusion of the other party to all other property (including choses-in-action) in the possession of such party as at the date of these orders;
(b) each party hereby forgo any claim they may have to any superannuation benefits belonging to or earned by the other;
(c) each party hereby forgo any claim they may have to any employment benefits belonging to or earned by the other including, but not limited to, long-service leave, redundancy payouts, and all other leave entitlements;
(d) all insurance policies are to become the sole property of the owner named thereon;
(e) each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders;
(f) any joint tenancy of the parties in any real or personal estate is hereby expressly severed.
47. Save as otherwise provided herein, the applicant shall forthwith be solely responsible for and meet payment of all liabilities in her sole name, including but not limited to, all borrowings, personal loans, credit card facilities, taxation and duty liabilities and further, the applicant shall indemnify and keep indemnified the respondent from all liabilities howsoever arising.
48. Save as otherwise provided herein, the respondent shall forthwith be solely responsible for and meet payment of all liabilities in his sole name, including but not limited to, all borrowings, personal loans, credit card facilities, taxation and duty liabilities and further, the respondent shall indemnify and keep indemnified the applicant from all liabilities howsoever arising.
49. Each party be solely liable for and indemnify the other against any liability encumbering any item of property to which that party is entitled pursuant to these orders or any liability in a party’s name at the date of these orders.
50. Save as otherwise provided, any duty payable on any transaction arising from these orders, or any document executed pursuant to these orders, be paid by the party receiving the benefit of such transfer or transaction.
51. Each party shall do all acts and things reasonably required by the other including the signing or execution of all necessary documents to give effect to the provisions of these orders within fourteen (14) days of being requested to do so.
52. In the event either party fails to sign any necessary documents or instruments or to do any acts required or contemplated by these orders to be done, with such failure continuing for fourteen (14) days, then the Registrar of the Federal Circuit and Family Court of Australia shall, pursuant to section 106A of the Family Law Act 1975 (Cth), have the power to execute any documents or instruments in the name of the person who has refused or neglected to sign any necessary document or instrument or to do any act required or contemplated by these orders.
53. For the Registrar to comply with the powers provided for in order 52 above, it shall be sufficient proof that there has been non-compliance that the applicant or the respondent provide to the Registrar an affidavit deposing to non-compliance by the other party.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
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Evidence
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Decision
Reasons for decision
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Ratio Decidendi
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