Crozier & Gounelle

[2024] FedCFamC2F 619

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Crozier & Gounelle [2024] FedCFamC2F 619   

File number(s):	MLC 12722 of 2023
Judgment of:	JUDGE O'SHANNESSY
Date of judgment:	17 May 2024
Catchwords:	FAMILY LAW – contravention hearing listed for 22 May 2024 – email from applicant seeking adjournment – issue with the service of subpoenas – parties were to email their written submissions on the adjournment application – adjournment application granted
Division:	Division 2 Family Law
Number of paragraphs:	9
Date of last submission/s:	16 May 2024
Date of hearing:	On the papers
Place:	Melbourne
Solicitor for the Applicant:	In Person
Solicitor for the Respondent:	In Person

ORDERS

MLC 12722 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

MS CROZIER

Applicant

AND:

MR GOUNELLE

Respondent

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	17 MAY 2024

THE COURT ORDERS THAT:

1.The Contravention Hearing listed before Judge O'Shannessy on Wednesday, 22 May 2024 at 10.00am be and is vacated.

2.The matter be listed for a Contravention Hearing before Judge O'Shannessy on Wednesday, 18 September 2024 at 10.00am.

3.Any party intending to issue a subpoena to produce documents and/or give evidence are to ensure any such subpoena is issued by no later than 5.00pm on Friday, 14 July 2024.

4.Any witness (not parties) residing outside the greater Melbourne metro area be granted leave to appear via Microsoft Teams.

AND THE COURT NOTES THAT:

A.Orders are made in Chambers this day after receiving an email from the Applicant on 15 May 2024 requesting an adjournment due to issues with the serving of subpoenas.

B.Chambers responded to this email advising two options for the parties in regards to this adjournment application. The parties came to the conclusion that they allowed for his Honour to make his decision based on the applications made by the parties via email.

C.The email chain between the parties and Chambers has been tendered as exhibit 'C1" and placed on the Court file.

D.If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.

E.Affected unrepresented parties may apply to the court and then to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.

F.Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.

G.If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under a pseudonym has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE O’SHANNESSY

1. These are the reasons for the Orders made in Chambers this day for the adjournment application made by the Applicant in the matter of Crozier & Gounelle.

2. This matter was listed before me for a contravention hearing on 22 May 2024 at 10.00am.  Chambers received an email from the Applicant requesting an adjournment due to issues with the service of subpoenas.  The Applicants email was sent on Wednesday, 15 May 2024 at 2.26pm which set out the grounds for the adjournment application.

   Dear associate,

   I am the applicant mother in the above proceedings.

   I had 4 subpoenas to serve, 2 if which I'm having issue with:

   -[Dr Z] is on long holidays oversees until [mid]-2024. The subpoena could not be served on her. She will not be back in Australia in time for the hearing of the 22 May.

   -[Ms BB] proved difficult to reach as she had left her previous employment with no contact details. I reached her by email but she refused to give a physical address to be served. She asked to receive the subpoena by email which I did send on 6 May 2024. I asked her to sign a provided acknowledgement of service and asked for her bank details for the conduct money but I received no reply. I sent her another email on 10 May 2024 but had no reply.

   She also mentioned that she handed out the notes from the appointments with the child to which these priceedings relate, the subpoanated material, to her previous employer, [CC Centre].

   I am kindly requesting a further date to conclude the contravention hearing so [Dr Z] can be heard.

   I am kindly requesting substitute of service by way of email to serve [Ms BB], which was done on 6 May 2024.

   I am also kindly requesting the witness [Dr V] to appear electronically.

3. In response to this email from the Applicant, Chambers replied to all parties on 15 May at 3.59pm suggesting the following:

   …

   Further, his Honour raises two (2) possibilities in regards to the adjournment application from [Ms Crozier].

   1.The adjournment application is determined on the papers, from the written email of [Ms Crozier] of 15 May 2024 such together with written submission that [Mr Gounelle] provides on or before 4pm 16 May 2024;  or

   2.Alternatively, the adjournment application be determined at the time of the hearing would otherwise of commenced, being 22 May 2024 at 10.00am,

   The parties are requested to make short submissions by 4pm tomorrow (16 May 2024) as to which option they seek for the adjournment application.

   …

4. I am grateful to both parties for adhering to the request of the Chambers and submitting written submissions on the adjournment application.

5. After consideration in Chambers, I determined to hear the application on the papers.

6. The respondent did not oppose the adjournment application, taking the position he will abide by the Courts decision, but points out the considerable investment in time and arrangements that he had made to ensure he was available to be in Court the following week.

7. I also take into account the public policy of there being a need to end controversies and the problem in the administration of the Courts of interminable adjournments.

8. The matter was last adjourned on the application of the Respondent when it had been fixed without notice to the parties during the April school holidays, when he had made arrangements to travel with the child. I adjourned the matter at that time

9. Balancing all of these matters, it is appropriate to adjourn the matter to 18 September 2024.

I certify that the preceding nine (9) numbered paragraphs are a true copy of the Reasons for Judgment of Judge O'Shannessy.

Associate:

Dated:       17 May 2024