Canavan & Dowd

[2023] FedCFamC1F 207

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Canavan & Dowd [2023] FedCFamC1F 207   

File number(s):

MLC 9945 of 2020

Judgment of:

JOHNS J

Date of judgment:

23 February 2023

Catchwords:

 FAMILY LAW – PRACTICE AND PROCEDURE – where the parties seek an order permitting them to provide documents filed in these proceedings to lawyers representing them in criminal proceedings – where the orders sought would require an exemption from the Harman obligation – where there is substantial commonality in the two sets of proceedings – where the respondent does not oppose the orders being made – where the documents sought to be disclosed are likely to assist the second court in its determination – where the parties are involved in both proceedings – where it is appropriate for orders to be made permitting the release of documents  

Legislation:

 Family Law Act 1975 (Cth) s 121

Federal Circuit and Family Court of Australia Rules 2021 (Cth), Rule 6.04  

Cases cited:

 Harman v Secretary of State for the Home Office [1983] 1 AC 280

Division:

Division 1 First Instance

Number of paragraphs:

10

Date of hearing:

23 February 2023

Place:

Melbourne

Counsel for the Applicant:

Ms Kildea

Solicitor for the Applicant:

Morrison and Sawers

Counsel for the Respondent:

Ms Geddes

Solicitor for the Respondent:

SMR Legal

Counsel for the Independent Children's Lawyer:

Ms Brennan

Solicitor for the Independent Children's Lawyer:

Victoria Legal Aid

ORDERS

MLC 9945 of 2020

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS CANAVAN

Applicant

AND:

MR DOWD

Respondent

INDEPENDENT CHILDREN'S LAWYER

order made by:	JOHNS J
DATE OF ORDER:	23 FEBRUARY 2023

BY CONSENT THE COURT ORDERS THAT:

1.The parties attend a private mediation with Ms B between 17 May 2023 and 17 June 2023 at the parties’ joint expense.

2.Within 21 days of the date of these orders, the parties do all acts and things and sign all documents necessary to appoint C Pty Ltd to prepare updated valuation reports, at the husband’s expense, of the following real properties:

(a)D Street, E Town in the State of New South Wales at the husband’s sole expense; and

(b)F Street, E Town in the State of New South Wales at the parties’ equal expense.

BY THE COURT IT IS ORDERED

3.The Applicant Wife and the Respondent Husband and their legal advisers be released of the obligation of the implied undertakings to this court in Harman v Secretary of State for Home Department [1983] 1 AC 280 with respect to:

(a)any document sworn or affirmed by a parent in these proceedings and filed in this Court in these proceedings being MLC 9945/2020, including the parties’ trial material to be filed on 6 April 2023 and 1 May 2023;

(b)affidavit of Dr H filed 21 July 2022 together with the two reports dated 18 July 2022 annexed thereto;

(c)affidavit of Ms G filed 19 July 2022 together with the Family Report dated 18 April 2022 annexed thereto and any report prepared by Ms G following the…