FAMILY COURT OF AUSTRALIA
| CHISLER & GATENBY | [2019] FamCA 200 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Application to reopen a case following hearing and prior to the delivery of judgment – whether it is in the interests of justice to reopen the case – where the proceedings underlying the application are child related proceedings for the purposes of Division 12A of the Family Law Act 1975 (Cth) – importance of Principle 1 for an application to reopen – interests of justice and the needs of a child – impact of the proceedings upon a child – potential impacts of prolonging litigation. |
| Family Law Act 1975 (Cth) s 69ZN |
| Camden & Chalk [2009] FamCAFC 10 Mallard & Mallard [2011] FamCA 876 Suell & Suell (Re-opening) [2009] FamCA 55 |
| APPLICANT: | Ms Chisler |
| RESPONDENT: | Ms Gatenby |
| FILE NUMBER: | MLC | 3057 | of | 2016 |
| DATE DELIVERED: | 3 April 2019 |
| PLACE DELIVERED: | Canberra |
| PLACE HEARD: | Canberra |
| JUDGMENT OF: | Gill J |
| HEARING DATE: | 20 March 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Stoikovska |
| SOLICITOR FOR THE APPLICANT: | Leanne Cain & Associates |
| COUNSEL FOR THE RESPONDENT: | Mr Wilson |
| SOLICITOR FOR THE RESPONDENT: | Marshalls & Dent & Wilmoth Lawyers |
Orders
Leave is granted to reopen the child related proceedings the subject of a final hearing on 29 October - 1 November 2018.
The matter is relisted for Directions at 9.30am on Wednesday 17 April 2019.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Chisler & Gatenby has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
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).
| FAMILY COURT OF AUSTRALIA AT CANBERRA |
FILE NUMBER: MLC 3057 of 2016
| Ms Chisler |
Applicant
And
| Ms Gatenby |
Respondent
REASONS FOR JUDGMENT
Introduction
The parties to these proceedings are Ms Chisler, the Applicant Mother (“Ms Chisler”), and Ms Gatenby, the Respondent Mother (“Ms Gatenby”). The parties were in a de facto relationship from late 2000 to early 2016. There are three children of the relationship: B, born in 2006; C, born in 2008; and D, born in 2008.
In April 2016, Ms Gatenby initiated proceedings in the Family Court of Australia. A final hearing for both property and parenting matters was held over a period of five days, commencing on 13 November 2017 and concluding on 17 November 2017. Justice Bennett made Final Orders on 17 November 2017.
Ms Gatenby filed an appeal in relation to the parenting orders. The appeal was allowed by consent in May 2018. A rehearing of the parenting matter was held over period four days, commencing on 29 October 2018 and concluding on 1 November 2018. Judgment was…
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- Case
- [2019] FamCA 200
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether to grant leave to reopen the final child-related proceedings. This required the court to consider the circumstances that had arisen since the final hearing and whether they warranted a departure from the existing final orders.
Gill J granted leave to reopen the proceedings. While the specific reasoning is not detailed in the provided text, the decision to grant leave indicates that the court was satisfied that there were sufficient grounds to revisit the previously made final orders concerning the children. The matter was subsequently relisted for directions.
Orders
Orders of the court
1.
Leave is granted to reopen the child related proceedings the subject of a final hearing on 29 October - 1 November 2018.
2.
The matter is relisted for Directions at 9.30am on Wednesday 17 April 2019.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.