Carano & Carano

[2023] FedCFamC2F 1566

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Carano & Carano [2023] FedCFamC2F 1566   

File number(s):

MLC 10929 of 2021

Judgment of:

JUDGE O'SHANNESSY

Date of judgment:

16 November 2023

Catchwords:

 FAMILY LAW – property application – mother recently became unrepresented – section 102NA order – allegations of family violence – requested for legal aid assistance – procedural orders

Legislation:

 Family Law Act (Cth) ss 102NA (1)(a) (b) (c) (i) (ii) (ii) (iv)

Cases cited:

Middleton & Redmond [2021] FCCA 316

Nasar & Tarvin (No.2) [2023] FedCFamC2F 247

Division:

Division 2 Family Law

Number of paragraphs:

10

Date of last submission/s:

16 November 2023

Date of hearing:

16 November 2023

Place:

Melbourne

The Applicant:

Appearing in Person

Solicitor for the First Respondent:

SMR Legal

Solicitor for the Second and Third Respondents:

Perry Watson Lawyers

ORDERS

MLC 10929 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS CARANO

Applicant

AND:

MR CARANO

First Respondent

MS B CARANO

Second Respondent

MR C CARANO

Third Respondent

ORDER MADE BY:

JUDGE O'SHANNESSY

DATE OF ORDER:

16 NOVEMBER 2023

THE COURT ORDERS THAT:

1.It is declared that pursuant to section 102NA(1)(a), (b) and (c)(i),(ii),(iii),(iv) of the Family Law Act 1975 (Cth), section 102NA(2) of the Act applies to any future cross-examination in these proceedings and Ms Carano ('the Wife) and Mr Carano ('the Husband') must not cross examine the other personally.

2.IT IS REQUESTED THAT Victoria Legal Aid provide assistance to the Wife under the Commonwealth Family Violence and Cross Examination of Parties Scheme.

3.For the purpose of order 1 hereof, the Wife do all acts and things necessary to make an application to Victoria Legal Aid for funding under the Commonwealth Family Violence and Cross Examination of Parties Scheme (102NA) to enable her legal representation at Final Hearing.

4.By no later than 7 December 2023, the Wife file and serve a list of items of property she seeks to retain in the division of property of the Husband and Wife and cross referenced to the expert valuation of the evidence/reports.

5.The date for the parties lawyers (and if a party is representing themselves, that party) to complete conferring pursuant to Order 5 of Orders 27 July 2023, be extended to be completed by no later than 5.00pm, Wednesday, 31 January 2024.

AND THE COURT NOTES THAT:

6.The relevant application referred to in order 2 hereof is available to the Wife at in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

8.Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.

9.Further information about the legislation and the Scheme can be found at Part 4 of the attached…