FAMILY COURT OF AUSTRALIA
| COUSINS & PEAKE (NO 2) | [2018] FamCA 729 |
| FAMILY LAW – STAY PENDING APPEAL – interim parenting decision. FAMILY LAW – CASE MANAGEMENT – a number of outstanding applications. FAMILY LAW – COURTS AND JUDGES – Recusal of judicial officer. |
| APPLICANT: | Mr Cousins |
| RESPONDENT: | Ms Peake |
| INDEPENDENT CHILDREN’S LAWYER: | Ms Ham |
| FILE NUMBER: | MLC | 4941 | of | 2014 |
| DATE DELIVERED: | 29 August 2018 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Bennett J |
| HEARING DATE: | 29 August 2018 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | No Appearance |
| SOLICITOR FOR THE APPLICANT: |
| THE RESPONDENT: | In Person |
| SOLICITOR FOR THE RESPONDENT: |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER | Southern Family Law |
Orders
I refer this matter to the Case Management Judge, to be fixed before another Judge on the issue of the mother’s application for the stay of my orders made on 31 July 2018.
I recuse myself from further dealing with this matter.
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 Cousins & Peake 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 MELBOURNE |
FILE NUMBER: MLC 4941 of 2014
| Mr Cousins |
Applicant
And
| Ms Peake |
Respondent
AND
INDEPENDENT CHILDREN’S LAWYER
REASONS FOR JUDGMENT
REVISED FROM EX-TEMPORE
Introduction
This matter comes before me as an urgent matter initiated by the mother’s application in a case filed on 7 August 2018 (“the mother’s application”) and her amended application filed today (“the mother’s amended application”).
The mother appears in person.
The father does not appear. At 6:48 am today the father sent an email to the Melbourne Case Co-ordinators stating[1] “I won’t be able to attend the hearing today as I have interstate travel for work. I note that [Ms Peake] only served me with her amended application at 11:55 p.m. last night”. The mother’s amended application is stamped as having been lodged on the Portal at 11.50 p.m. last night and, by operation of Rule 25.05(2) of the Family Law Rules 2004, is taken to have been filed today. The mother assures me that the father was punctually served with the application filed 7 August 2018 so I accept that the father has adequate notice of orders sought in the mother’s application filed 7 August 2018. No request been received from the father to appear by electronic means.
[1] Exhibit “C4”
Ms Kristy Hams, solicitor, appeared in her capacity as newly appointed independent children’s lawyer without having had an opportunity to familiarise herself with the matter.
In the result,…
Continue reading Cousins and Peake (No 2)
Sign in free to access the full text
- AGLC
- Cousins and Peake (No 2) [2018] FamCA 729
- Case
- [2018] FamCA 729
- Decision Date
CaseChat Overview and Summary
The central legal issue before Bennett J was whether to grant the mother's application for a stay of the existing orders. This required the Court to consider the grounds upon which a stay might be granted and the merits of the mother's case in seeking such relief.
Ultimately, Bennett J determined that it was appropriate to recuse himself from further dealing with the matter. Consequently, the Judge referred the application for the stay of orders to the Case Management Judge, with the direction that it be fixed before another Judge. The formal orders reflect this decision, indicating that the mother's application for a stay will be heard by a different judicial officer.
Orders
Orders of the court
1.
I refer this matter to the Case Management Judge, to be fixed before another Judge on the issue of the mother’s application for the stay of my orders made on 31 July 2018.
2.
I recuse myself from further dealing with this matter.
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.