Carter and Carter and Anor

FAMILY COURT OF AUSTRALIA

CARTER & CARTER & ANOR [2017] FamCA 373

FAMILY LAW – PRACTICE AND PROCEDURE – where the applicant seeks to view his parents Family Court file – where the applicant seeks to proceed on an undefended basis – leave granted to proceed on an undefended basis - where the applicant be permitted to inspect the consent orders made in the proceedings concerning his parents – where the applicant is not permitted to search the entire court file

Family Law Act 1975 (Cth) s 121
Family Law Rules 2004 (Cth) rr 24.13(1)(c), 24.13(3)

APPLICANT: Mr A Carter

1st RESPONDENT: Mr B Carter

2nd RESPONDENT: Ms C Carter

FILE NUMBER: MLF 27378 of 1977

DATE DELIVERED: 31 May 2017

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 3 May 2017

REPRESENTATION

THE APPLICANT: In Person

FIRST RESPONDENT: No Appearance

SECOND RESPONDENT: No Appearance

Orders

1.That the applicant be permitted to inspect the orders made on 22 November 1977 in proceedings numbered MLF 27378 of 1977.

2.That the applicant’s Application in a Case filed 9 February 2017 be otherwise dismissed.

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

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 27378  of 1977

Mr A Carter

Applicant

And

Mr B Carter and Ms C Carter

Respondent

REASONS FOR JUDGMENT

INTRODUCTION

1. By Application in a Case filed 9 February 2017, the applicant, Mr A Carter seeks orders in the following terms:-

   1.Order permitting me access to my parents’ Family Court file.

   2.Copies of any orders in the matter pertaining to myself, ie: containing my name, regardless of whether they are consent orders or decided by the Court.

2. That application was made following the refusal by a Registrar of the applicant’s request to inspect the Court file.  Registrar Field responded to that request by letter dated 19 January 2017 in which she stated as follows:-

   I have been referred your letters of 30 December 2016 and 11 January 2017 in which you have requested to inspect your parents’ Family Court file so that you can better understand why the Court made the decisions it did in relation to the parenting arrangements for you and your siblings.

   I have ascertained that the Court played no role in determining the parenting arrangements apart from making consent orders in accordance with an agreement reached by your parents shortly after proceedings were commenced.  No reports were prepared and no reasons are available as the orders were made by consent.

   Without the consent of your parents to provide you with access to their file, noting that it largely relates to financial issues that were also resolved by consent, I am unable to support your request. 

   …

3. The matter was first listed before me in a Judicial Duty List on 4 April 2017.  The applicant appeared in…