Chisler and Gatenby

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

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.

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

1. 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.

2. 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.

3. 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…