Chranley and Smart

[2010] FamCA 300

FAMILY COURT OF AUSTRALIA

CHRANLEY & SMART [2010] FamCA 300

FAMILY LAW – PRACTICE AND PROCEDURE – where contravention and contempt proceedings are outstanding – hearing of the application for final orders to proceed on an undefended basis

Family Law Act 1975 (Cth)

APPLICANT: Mr Chranley

RESPONDENT: Ms Smart

INDEPENDENT CHILDREN’S LAWYER: Mr Hemsley

FILE NUMBER: ADC 207 of 2008

DATE DELIVERED: 6 April 2010

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 6 April 2010

REPRESENTATION

COUNSEL FOR THE APPLICANT: N/A

SOLICITOR FOR THE APPLICANT: In Person

COUNSEL FOR THE RESPONDENT:

SOLICITOR FOR THE RESPONDENT: N/A

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER Mr Hemsley

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER Graeme D Hemsley

Orders

1. The Court will continue to hear the only outstanding application for final orders on an undefended basis, being the response to the initiating application filed by the mother on 22 October 2009.

IT IS NOTED that publication of this judgment under the pseudonym Chranley & Smart is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER:  ADC 207 of 2008

MR CHRANLEY

Applicant

And

MS SMART

Respondent

EX-TEMPORE REASONS FOR JUDGMENT

1. In relation to this matter, the father has been on notice that the matter is listed before me, on an undefended basis, concerning the final orders sought by the mother.  Currently, there are no further applications before the Court by way of final orders, although the father, who appears unrepresented today, has shouted at the Court that he intends to file further application seeking final orders.

2. The matter is currently listed before me to hear the question of the final orders in relation to the child, S, on an undefended basis today. 

3. This is a superior Court of record, and is a Court which relies upon the documents which have been filed, and not the documents which the parties yell at the Court that they are going to file.

4. This application is a matter which concerns the welfare of the child, S.  These current proceedings before the Court have been outstanding for some time.  In fact, proceedings were first started before the Court many years ago, and it is only the current file which is currently before me, being proceedings which were started in January 2008, in the Federal Magistrates Court.  The matter was subsequently transferred to the Family Court of Australia.  The Court has heard several applications in relation to the matter, and has directed that the matter proceed on an undefended basis, because of the father’s discontinuance. 

5. It is correct to say that there are a number of contraventions and contempt proceedings outstanding, and, in the usual course of matters, some contraventions and contempts would be dealt with before a conclusion of a trial in relation to final orders, particularly those concerning children.  However, this is not a hearing in relation to defended proceedings, but a hearing in relation to the undefended application, by the mother, for final orders, which include orders that the time spent between the father and the child, S, be at the desire and determination of the child. 

6. Notwithstanding the authorities and the usual process of matters in relation to defended hearings, contempt and contravention proceedings, and notwithstanding the shouting of the response of the father before me, in Court, this morning, I am satisfied that one of the significant factors to be taken into account in this matter is what is in the best interests of the child, S.  To that extent, I have given consideration to the Child and Parents’ Issues Assessment, which was conducted by the Family Consultant, Dr A, in this matter, and which is the subject of a report to the Court of 16 December 2009. 

7. Taking into account all of those matters, I therefore intend to proceed to hear the application for final orders by the mother, on an undefended basis this afternoon, with a view to thereafter listing the applications for contravention and contempt, which the father says are a number in excess of 110.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe.

Associate: 

Date:  22 April 2010