FEDERAL CIRCUIT COURT OF AUSTRALIA
| BURTON & HOPE | [2015] FCCA 1994 |
| Catchwords: FAMILY LAW – Children – parenting orders – application to vary final parenting orders – where respondent seeks summary dismissal of application – “Rice v Asplund” principle considered. |
| Legislation: Family Law Act 1975 (Cth), s.60CA |
| Cases cited: Australian and International Pilots Association v Qantas Airways Limited [2013] FWCFB 317 Carriel & Lendrum [2013] FCCA 284 Carriel & Lendrum [2015] FamCAFC 43 Choate & Raymond [2015] FCCA 1596 Marsden & Winch [2009] FamCAFC 152 Miller & Harrington [2008] FamCAFC 150; (2008) 29 Fam LR 654; FLC 93-283; 220 FLR 300 Rice v Asplund (1978) 6 Fam LR 570; (1979) FLC 930363 SPS and PLS [2008] FamCAFC 16; (2008) 39 Fam LR 295; FLC 93-363 |
| Applicant: | MR BURTON |
| Respondent: | MS HOPE |
| File Number: | SYC 3313 of 2011 |
| Judgment of: | Judge Scarlett |
| Hearing date: | 20 July 2015 |
| Date of Last Submission: | 20 July 2015 |
| Delivered at: | Sydney |
| Delivered on: | 20 July 2015 |
REPRESENTATION
| Counsel for the Applicant: | Mr Ford |
| Counsel for the Respondent: | Ms Winfield |
| Solicitors for the Respondent: | Eleanor Murphy & Co |
ORDERS
The Interim Response filed on 15 April 2015 is dismissed.
The Respondent is to file and serve an Amended Response and an affidavit stating the facts upon which she seeks to rely within 28 days.
As provided by section 11F of the Family Law Act 1975 the parties are to attend a Child Dispute Conference at 2:00pm on 26 August 2015 and in accordance with section 11C of the Act the Conference is to be reportable.
The Application is adjourned to Tuesday 1 September 2015 for further mention at 10:00am.
IT IS NOTED that publication of this judgment under the pseudonym Burton & Hope is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).
| FEDERAL CIRCUIT COURT AT SYDNEY |
SYC 3313 of 2011
| MR BURTON |
Applicant
And
| MS HOPE |
Respondent
REASONS FOR JUDGMENT
The Application before the Court is on an application for summary dismissal of the Applicant’s case. The Respondent Mother in her Interim response filed on 15th April 2015 seeks a parenting order which is of some relevance, but specifically seeks that the Applicant’s interim application be otherwise summarily dismissed pursuant to Rice v Asplund[1][i]. There is also an application for costs, interestingly enough, sought on an indemnity basis.
[1] (1978) 6 Fam LR 570; (1979) FLC 90-725
The Applicant is an international airline pilot, a long-haul pilot, to use the vernacular. He was a short-haul pilot. He was flying (omitted) aircraft for Qantas as a first officer. He is now a second officer flying (omitted) aircraft, also for Qantas. The reason for this change is twofold. Not only is it as a result of a decision of the Full Bench of the Fair Work Commission in Australian International Pilots Association v Qantas…
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- AGLC
- Burton and Hope [2015] FCCA 1994
- Case
- [2015] FCCA 1994
- Decision Date
CaseChat Overview and Summary
The court was required to determine the appropriate procedural steps to be taken in relation to the application. This included considering the adequacy of the respondent's initial response and the necessity for further disclosure and dispute resolution processes.
Judge Scarlett dismissed the Interim Response filed by the respondent. The court ordered the respondent to file and serve an Amended Response and an affidavit detailing the facts upon which she intended to rely within 28 days. Furthermore, the court directed the parties to attend a reportable Child Dispute Conference on 26 August 2015, pursuant to sections 11F and 11C of the *Family Law Act 1975*. The application was subsequently adjourned for further mention on 1 September 2015.
Orders
Orders of the court
1.
The Interim Response filed on 15 April 2015 is dismissed.
2.
The Respondent is to file and serve an Amended Response and an affidavit stating the facts upon which she seeks to rely within 28 days.
3.
As provided by section 11F of the Family Law Act 1975 the parties are to attend a Child Dispute Conference at 2:00pm on 26 August 2015 and in accordance with section 11C of the Act the Conference is to be reportable.
4.
The Application is adjourned to Tuesday 1 September 2015 for further mention at 10:00am.
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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