CHRANLEY & SMART

[2011] FamCA 115

FAMILY COURT OF AUSTRALIA

CHRANLEY & SMART [2011] FamCA 115

FAMILY LAW - PRACTICE AND PROCEDURE – adjournment – where the applications before the Court have not been served on the mother – where it would be inappropriate for the Court to proceed – orders that the matter be adjourned

Family Law Act 1975 (Cth)

APPLICANT: Mr Chranley

RESPONDENT: Ms Smart

FILE NUMBER: ADC 207 of 2008

DATE DELIVERED: 10 February 2011

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Dawe J

HEARING DATE: 10 February 2011

REPRESENTATION

COUNSEL FOR THE APPLICANT: In Person

SOLICITOR FOR THE APPLICANT: N/A

COUNSEL FOR THE RESPONDENT: In Person

SOLICITOR FOR THE RESPONDENT: N/A

UPON NOTING THAT:

(a)The two applications in a case filed on 7 February 2011 and listed on 18 March 2011 at 9.15 am are to be released to Mr Chranley this morning and the service of those applications on the mother by post be permitted.  It is directed that the sealed copies be posted to the mother no later than 4pm Friday 11 February 2011;

(b)The application in a case for the disqualification of the Honourable Justice Strickland will be returned to the case co-ordinator for the case co-ordinator to obtain a date from the Honourable Justice Strickland for the hearing of that application;

(c)If the contravention applications are not dealt with during the special sittings they will be referred back to the Honourable Justice Dawe to be dealt with following the application for disqualification.

ORDERS

1. The outstanding contravention applications which are currently before the court are adjourned to be heard if possible as reserve matters in the special sittings before the Honourable Deputy Chief Justice Faulks and the Honourable Justice Burr in the fortnight commencing 7 March 2011 and the parties are directed to attend the callover being conducted by the Honourable Justice Burr on 28 February 2011 at 11.00 am.

1. The application in a case filed on 7 February 2011 for the disqualification of the Honourable Justice Dawe and the discharge of the Independent Children’s Lawyer is adjourned for mention to 18 March 2011 at 9.15 am before the Honourable Justice Dawe.

1. Leave to the father to file and serve an affidavit to which is annexed documents upon which he will be seeking to rely during the contravention proceedings provided the affidavit is filed by 18 February 2011 and further provided the same is served upon the mother by prepaid post to her address for service by posting no later than the 22 February 2011.

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 application to disqualify myself, and the oral application by the father to adjourn the proceedings in relation to the contraventions pending the decision and determination in relation to the applications that I disqualify myself, I note that the applications which were filed on 7 February 2011 are still held by the Court this morning and therefore have not been served upon the mother.  She has not had an opportunity to read the documents nor to obtain appropriate advice in relation to the documents.  I therefore regret that it would appear to be inappropriate for me to continue to hear the contravention applications listed for today and tomorrow pending the opportunity for the mother to be served with the applications in relation to my disqualification and the hearing and determination of that application by the father.

2. I therefore propose to adjourn the outstanding contravention applications to enable steps to be taken to either list the contravention applications before another judge or to await the outcome of the application listed on 18 March 2011 that I disqualify myself.  I have indicated to the mother that I have no other option but to adjourn the hearing listed for today and tomorrow in relation to the contravention applications.  There is a possibility, but only a possibility, that this matter could be added as a reserve to a list to be heard by a group of judges (including myself but, for obvious reasons, not by me) in early March.

3. For the fortnight commencing 7 March 2011 the Court has special listings.  I have not consulted the judge in charge of making those special listings, but I put this matter in as a reserve and have it placed in the callover on before the judge who is managing those special lists as a reserve which might be given a hearing before one of two other judges other than myself, (The Honourable Deputy Chief Justice Faulks who is visiting the registry in the fortnight commencing the 7 March 2011 and The Honourable Justice Burr).

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Dawe delivered on 10 February 2011.

Associate: 

Date:  2 March 2011