Brogden & Brogden

[2021] FamCA 642

FAMILY COURT OF AUSTRALIA

Brogden & Brogden [2021] FamCA 642

File number(s):	SYC 2521 of 2019
Judgment of:	HARPER J
Date of judgment:	23 August 2021
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – COVID-19 –Adjournment of final hearing – In circumstances where the State of New South Wales is in lockdown – Where children would be present whilst trial occurs electronically and mother would have to give evidence – Where possibility of a face-to-face hearing is more likely in the coming months – Where there are allegations of family violence against the father – Electronic hearing may be deficient in assessing father’s character – Matter adjourned
Number of paragraphs:	9
Date of hearing:	23 August 2021
Place:	Sydney
Counsel for the Applicant:	Mr Givney
Solicitor for the Applicant:	McGrath Dicembre & Company
Counsel for the Respondent:	Mr Jackson
Solicitor for the Respondent:	Rivera Legal
Solicitor for the Independent Children's Lawyer:	Ark Law

ORDERS

SYC 2521 of 2019

BETWEEN:

MS BROGDEN

Applicant

AND:

MR BROGDEN

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	HARPER J
DATE OF ORDER:	23 AUGUST 2021

THE COURT ORDERS THAT:

1.The final hearing listed to commence on 6 September 2021 be vacated.

2.The proceedings be adjourned to 17 January 2022 for final hearing, with an estimated hearing time of 5 days.

3.Leave be granted to the parties to file and serve any further affidavit material updating their consolidated trial affidavits by no later than close of registry filing on 17 December 2021.

4.By no later than 7 January 2022, the parties confer with the ICL for the purpose of agreeing a process to provide the single expert witness, Dr J, with any further material that the parties and ICL wish Dr J to consider prior to the hearing commencing on 17 January 2022.

5.The parties confer and submit to my chambers an agreed trial plan by no later than close of registry filing on 13 January 2022.

6.Leave be granted for the parties to issue up to two further subpoenas each.

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 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Brogden & Brogden has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

HARPER J

1. These proceedings are currently listed for final hearing commencing on 6 September 2021, with an estimated hearing time of five days.  The parties have undertaken preparation for the final hearing, however, by reason of the COVID-19 pandemic, the court has raised with the parties the difficulties of conducting the trial appropriately via Microsoft Teams. 

2. The father’s position is…