Clovelly and Clovelly

FAMILY COURT OF AUSTRALIA

CLOVELLY & CLOVELLY [2010] FamCA 43

FAMILY LAW – PRACTICE AND PROCEDURE – Leave to Reopen – Leave to file initiating application is in the best interests of the child and the interests of justice generally

Family Law Act 1975 (Cth) s 60CA

Marsden & Winch [2009] FamCAFC 152
Rice & Asplund (1979) FLC 90-725
SPS & PLS (2008) FLC 93-363

APPLICANT: Mr Clovelly

RESPONDENT: Ms Clovelly

FILE NUMBER: CAF 655 of 2005

DATE DELIVERED: 28 January 2010

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 27 November 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Self represented litigant

SOLICITOR FOR THE RESPONDENT: Ms B. Smithies, ACT Legal Aid Office

Orders

IT IS ORDERED:

Child matters

1. That the applicant have leave to lodge an initiating application on or before 4.00 pm on 10 February 2010 in relation to the child matters in dispute between the parties, including the questions of parental responsibility and the time to be spent by the child with each of her parents.

2. That the respondent will file a response to the initiating application within six (6) weeks of it being filed and served by the applicant.

3. That, once the relevant documents in Orders (1) and (2) have been filed, the matter will be listed for the first day of the Less Adversarial Trial.  It is noted that this is likely to be on 29 March 2010, to coincide with the hearing of the matters in dispute concerning the property of the parties. 

IT IS NOTED THAT:

1. The orders about the time arrangements the applicant spends with the child remain until further order.

2. The passport for the child will remain in the possession of the Registry of the Family Court of Australia at Canberra until further order. 

Property matters

1. The parties will attend upon a Registrar of this Court prior to 29 March 2010 for the purposes of a conference to attempt negotiation of a final settlement of the property in dispute.

2. The parties will confer and prepare and then file a joint balance sheet in accordance with the precedent attached as annexure to these Orders and Judgment prior to the conference with the Registrar of the Court.

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

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAF 655 of 2005

MR CLOVELLY

Applicant

And

MS CLOVELLY

Respondent

REASONS FOR JUDGMENT

Introduction  

1. In this matter, Mr Clovelly seeks leave to reopen proceedings with respect to the child, C, born in April 1999.  The proceedings were closed following a finalisation hearing conducted in mid 2007.  Judgment has been pending in this matter since that time.  I regret that partly as a result of this delay, we are now in the parlous situation where an interlocutory judgment is required to determine the way forward.

2. The question of parental responsibility is yet to be determined.  In addition, the…