Dabney & Gardener

[2021] FCCA 2161

FEDERAL CIRCUIT COURT OF AUSTRALIA

Dabney & Gardener [2021] FCCA 2161

File number(s):

MLC 6996 of 2020

Judgment of:

JUDGE BENDER

Date of judgment:

17 August 2021

Catchwords:

FAMILY LAW - PARENTING – interim parenting matters – parties’ respective applications with respect to parental responsibility and the time the children spend with the Father on an interim basis – where the parties have a poor co-parenting relationship – where the parties live four and a half hours apart

HELD – matter determined pending final hearing – Mother to have sole parental responsibility and inform the Father of decisions to be made – children to spend supervised time with the Father once a month on Saturday and Sunday

Legislation:

Family Law Act 1975 (Cth), ss.61DA, 61DA(3)

Number of paragraphs:

38

Date of hearing:

17 August 2021

Place:

Melbourne

Counsel for the Applicant:

Mr Smith

Solicitor for the Applicant:

SWD Legal

Counsel for the Respondent:

Ms Jenkins

Solicitor for the Respondent:

MA Rogers & Co Pty Ltd

Counsel for the Independent Children's Lawyer:

Ms Cola

Solicitor for the Independent Children's Lawyer:

Docherty Legal

ORDERS

MLC 6996 of 2020

BETWEEN:

MR DABNEY

Applicant

AND:

MS GARDENER

Respondent

ORDER MADE BY:	JUDGE BENDER
DATE OF ORDER:	17 AUGUST 2021

THE COURT ORDERS THAT:

1.The matter be adjourned to 3 October 2022 at 10.00am for final hearing (with an estimated hearing time of 2 days).

2.Pursuant to s.62G(2) of the Family Law Act 1975 (Cth), the parties and the children of the relationship X born in 2013, Y born in 2015 and Z born in 2016 attend upon a family consultant nominated by the Dispute Resolution Coordinator of the Federal Circuit Court of Australia on a date and at times to be advised for the purposes of the preparation of an updated family report to be released by 22 August 2022 AND IT IS REQUESTED such update be prepared by Ms G.

3.The family report deal with the following matters:

(a)any views expressed by X, Y and Z and any factors (such as X, Y and Z’s maturity or level of understanding) that would affect the weight that the Court should place on those wishes;

(b)has the Father addressed his alcohol and anger issues and if so should X, Y and Z’s time with the Father move to unsupervised and what that time should be;

(c)the Mother’s capacity to support X, Y and Z having a relationship with the Father;

(d)the matters set out in ss60CC, 61DA and 65DAA of the Family Law Act 1975 (Cth); and

(e)any other matters that the family consultant considers important to the welfare or best interests of X, Y and Z.

4.In the event the parties’ address, contact telephone number and/or email address change prior to the family report interviews, they are to notify the Court via email on [email protected] as soon as practicable following the change.

5.The Father authorise his drug and alcohol counsellor to speak to Ms G and Ms G is asked to speak to the Father’s drug and alcohol counsellor.

6.The parties or their solicitors send copies of the following documents to the family report writer within seven days of being notified of the details of the family report writer.

(a)all of their Court documents filed in these proceedings;

(b)any information provided to the Court by the Department of Families, Fairness and Housing in response to a Notice of Child Abuse, Family Violence or Risk pursuant to s.67Z of the Family Law Act 1975 (Cth) and forwarded to the parties; and

(c)any information provided to the Court by the Department of Families, Fairness and Housing with respect to an Order made by the Court pursuant to s.69ZW of the Family Law Act 1975 (Cth) which has been subsequently released to the parties by Order of the Court pursuant to ss.69ZW(5) of the Family Law Act 1975 (Cth).

7.The family report writer have leave to inspect any documents produced under subpoena in this matter provided that they have been released for inspection by at least one party.

8.Upon the Report being provided to the Court, the Court will provide a copy to each party (or if represented the party’s lawyer) and to any Independent Children’s Lawyer in the proceedings.

9.Unless a party objects in writing, within 14 days of the date of releasing the Report, copies of the Report may further be provided to the following, if the Court is requested to do so for a purpose related to the care, welfare or development of X, Y and Z:

(a)a Children’s Court;

(b)a child protection authority;

(c)a State or Territory legal aid authority; and

(d)a convener of any legal dispute resolution conference.

10.Unless otherwise ordered, no person shall release the Report, or provide access to the Report to any other person.

11.Upon release of the Family Report the Independent Children’s Lawyer is to arrange for the parties to attend Family Dispute Resolution in the month of August 2022.

12.The Applicant file and serve one trial affidavit and one affidavit of each witness including expert witnesses they intend to rely upon at trial, such affidavits to comply with r.15.28 of the Federal Circuit Court Rules 2001 (Cth) by 4.00pm on 5 September 2022.

13.The Respondent file and serve one trial affidavit and one affidavit of each witness including expert witnesses they intend to rely upon at trial, such affidavits to comply with r.15.28 of the Federal Circuit Court Rules 2001 (Cth) by 4.00pm on 19 September 2022.

14.The Independent Children’s Lawyer file and serve any further affidavit to be relied upon by 4.00pm on 23 September 2022.

15.Except as already provided by these orders, the parties will not be permitted to rely on any trial affidavit filed after the dates provided for in these orders or file any further affidavits and may not rely upon any past affidavits at the final hearing without the leave of the Court.

16.By 4.00pm on 26 September 2022 each party and the Independent Children’s Lawyer file and serve an outline of case document with respect to parenting issues including the following:

(a)a list of the documents to be relied upon;

(b)an outline of contentions with respect to:

(i)whether the presumption of equal shared parental responsibility applies (s.61DA),

(ii)the considerations relevant to equal time and substantial and significant time (s.65DAA);

(iii)each of the considerations relevant to determining the best interests of X, Y and Z (s.60CC factors);

(iv)other relevant considerations (including, ss.60CG, 61F, 65DAB, 65DAC, etc); and

(v)any other matters  relevant to the decision; and

(c)a statement of the precise orders sought.

17.The parties and Independent Children’s Lawyer are to confer and prepare a joint chronology in Microsoft Word format setting out all facts that the parties wish the Court to take into account which is to be filed by the Applicant by 4.00pm on 26 September 2022.

18.The party responsible for the payment of any fee including a setting down or hearing fee do pay or cause to be paid such of the fees as shall be payable by that party in accordance with, and within the time specified in, the Family Law (Fees) Regulation 2012 (Cth).

THE COURT ORDERS UNTIL FURTHER ORDER THAT:

19.All previous spend time with orders be and are hereby discharged.

20.The Mother have sole parental responsibility of X, Y and Z, PROVIDED ALWAYS THAT the Mother keep the Father informed of significant long term decisions that she makes in relation to X, Y and Z and actively seeks the Father’s input on such issues.

21.For the purpose of order 20 herein before any such long term decisions are made in respect of X, Y and Z:

(a)the Mother shall advise the Father through text/email of her proposal relating to X, Y and Z;

(b)if the Father wishes to comment on the Mother’s proposal (or if the Father has any proposal he wishes to make relating to X, Y and Z on this issue) he shall, within seven (7) days after the date of the Mother’s message, advise the Mother through text/email of his views in one message;

(c)upon receipt of any comment or proposal by the Father, the Mother shall give consideration to the Father’s views;

(d)after the Mother has considered the Father’s comments, she shall make a decision and advise the Father through text/email of the outcome immediately after making that decision; and

(e)if the Father does not respond through text/email as provided in paragraph 21(b); the Mother shall be entitled to presume that the Father does not wish to be involved and she made decide the issue.

22.Upon the filed and served written undertaking to the Court by the supervisor/s referred to herein secured by the Independent Children’s Lawyer, X, Y and Z spend time and communicate with the Father as follows:

(a)supervised by any of the Father’s partner Ms H, Mr J (friend of the Mother’s father), Ms K or a person mutually agreed by the parties and the Independent Children’s Lawyer, occurring on the second weekend of each month on Saturday from 11:00am to 4:00pm and Sunday from 10:00am to 3:00pm with changeovers at the Town F Police Station save that if there are COVID-19 permit restrictions such that the Father only has a permit to enter New South Wales to see the children, changeover shall take place at the Town B Police Station if open or if not open, immediately outside the entrance to the Town B Supermarket E;

(b)failing there being a suitable lay person to supervise in Town F/Town B or any of the agreed supervisors being available, then such supervision will be done by a professional supervisor, at the Father’s expense, (occurring in City L if no professional supervisor can be engaged in Town F/Town B) and the Mother and Father shall do all things necessary to engage such a professional supervisor in a timely manner in time for the scheduled spend time with period;

(c)prior to time commencing the Independent Children’s Lawyer is requested to speak personally with each of the named supervisors by Zoom and to introduce them to each of the parties to explain the role and requirements of a supervisor and what the focus of X, Y and Z’s time with the Father is to be.   

(d)on Father’s Day weekend on 4 – 5 September 2021 (in lieu of 11 and 12 September 2021) at Town B and for Christmas and the Father’s Birthday in 2021;

(e)by telephone, Facetime or video, each week on Tuesday, X, Y and Z’s birthdays and on Christmas Day between 5:30pm – 6:00pm with the Father to place the call to the Mother’s mobile … and the Mother to facilitate X, Y and Z speaking with their Father in private; and

(f)the Mother shall facilitate X, Y and/or Z calling the Father on their reasonable request to do so.

23.The Father complete a Men’s Behaviour Change Program and the Father shall:

(a)provide the Men’s Behaviour Change Program counsellor with an authority to communicate with the Mother and Independent Children’s Lawyer regarding his attendance;

(b)provide the Mother and Independent Children’s Lawyer with evidence of his completion of the program;

(c)provide his counsellor with a copy of the Family Report of Ms G dated 5 January 2021 and 12 July 2021.

24.The Father shall forthwith engage (or continue to engage) with a Drug & Alcohol Counsellor, and continue to engage with said counsellors for such period of time as deemed appropriate by the counsellor, however it is requested that he complete not less than 15 sessions of Drug & Alcohol Counselling and the Father shall:

(a)provide authority to the counsellor to permit the Mother and Independent Children’s Lawyer to make enquiries of his attendance.

(b)provide evidence of completion of their engagement to the Mother and to the Independent Children’s Lawyer.

(c)provide his counsellor with a copy of the Family Reports of Ms G dated 5 January 2021 and 12 July 2021.

25.The Mother shall discuss with her current counsellor whether she would benefit from drug and alcohol counselling and to that end the Mother shall provide her counsellor with a copy of the Family Reports of Ms G dated 5 January 2021 and 12 July 2021 and of these orders and if the Mother’s counsellor recommends drug and alcohol counselling the Mother is to engage with such counsellor for such time as deemed appropriate by the counsellor.

26.The Independent Children’s Lawyer provide the Father’s psychologist Mr M and Drug & Alcohol Counsellor Mr N with:

(a)copies of sections 60CA, 60CC, 60CG of the Family Law Act 1975;

(b)a copy of the Family Report of Ms G dated 5 January 2021 and 12 July 2021.

(c)each of the parents’ trial affidavits (save for the annexures to the Mother’s affidavit).

(d)intervention Orders in place past, present and future.

(e)a written summary of any criminal findings of guilt against each of the parties.

27.There be liberty to apply to the Court regarding the issue of a suitable supervisor if no agreement can be reached between the parties and the Independent Children’s Lawyer.

28.Each of the parents is at liberty to provide a copy of these orders to any professional that they or the children are engaged with.

29.The parents shall communicate by text message or email only, with such communication to be limited to issues relating to the children, save in the case of any emergency relating to the children where the parents shall as soon as practicable communicate by telephone.

30.Each of the parents be restrained from:

(a)using any form of illicit or unprescribed substances during times that they have the care of the children or within 48 hours of the children coming into their care.

(b)consuming any alcohol during times that they have care of the children, or within 24 hours of the children coming into their care.

31.Each of the parents shall each inform the other as soon as practicable of any serious illness or injury affecting the children and provide particulars of any treatment required or received by the children, together with the details of the treating professional and authorise such treating professional to speak to the other parent.

32.Each parent shall make available to the other parent any medication prescribed for the children and provide the details of how to administer said medication.

33.Each of the parents are authorised to:

(a)receive all school report, newsletters, photograph order forms and any other documents or notices normally provided to parents;

(b)attend all parent-teacher interviews, sports carnivals and any other day care/playgroup/kindergarten/school activities which parents normally attend.

(c)attend all extra-curricular activities in which the children may be engaged in from time to time, such as sporting competitions.

34.Pursuant to section 68Q of the Family Law Act 1975, should any provision in these orders be inconsistent with any family violence order, then that family violence order is invalid.

AND THE COURT NOTES THAT:

A.The matter otherwise remains listed tomorrow, 18 August 2021 with respect to property issues.

B.The Mother had indicated to the parties and to the Court this day that she intends to liaise directly with the paternal grandmother regarding contact between the children and the paternal grandparents and in addition the paternal grandparents are at liberty to attend time with X, Y and Z and the Father during their time with him in the December 2021 visit and each second visit thereafter, with a courtesy notice to the Mother.

C.The Father’s Men’s Behavioral Change counsellor is his psychologist Mr M.

D.If the time between the Father and X, Y and Z cannot occur in the second week of September before of COVID-19 restrictions, it will take place on any later weekend in September that such restrictions allow.

E.The parties agree that in May 2022 X, Y and Z shall spend time with the Father on the weekend immediately following Mother’s Day.

F.At the date on which a copy of the Family Report is to be provided to any of those identified above, it may not have been admitted into evidence and may be untested or if admitted would only form one part of the evidence in the proceedings.

G.Section 121 of the Family Law Act 1975 (Cth) provides that it is an offence punishable by imprisonment for up to one year to publish or disseminate to the public any account of family law proceedings which identifies the parties, witnesses or other people concerned with the proceedings, unless specifically authorised by the Court.

H.In the event a party to these proceedings objects to the release of the Family Report pursuant to order 9 herein, they shall write to the Chambers of Judge Bender seeking that the matter be listed on short notice for their objection to be heard.

I.In the event of non-compliance by any party with the orders, directions, Rules or Regulations of this Court relating to the filing of documents or any other procedural issues, the matter will be urgently listed before a Registrar where:

(a)the application may be struck out;

(b)the proceedings may be directed to proceed undefended;

(c)the trial date may be vacated; and

(d)orders may be made that the non-complying party pay the costs arising from their non-compliance.

J.In the event a party fails to file an outline of case document 7 days prior to the hearing date as ordered, that party’s documents will not be included in the trial book prepared by Chambers and the complying party will have leave to seek any costs arising from the failure to file.

K.Pursuant to s.62B and s.65DA(2) of the Family Law Act 1975 (Cth), the particulars of the obligations these Orders create and the particulars of the consequences that may follow if a person contravenes these Orders are set out in the Annexure and these particulars are included in these Orders.

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

M.Affected unrepresented parties may apply 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.

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

O.If s.102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.

P.This notation is not an order and does not allow parties to apply to Victoria Legal Aid under the Scheme.

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).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish 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 Dabney & Gardener has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT
(Revised from Transcript)

JUDGE BENDER:

INTRODUCTION

1. The parties have presented a lengthy minute today, most of which is agreed.

2. The parties have three children X born in 2013, Y born in 2015 and Z born in 2016 who live with their Mother in Town B. Their Father lives with his partner Ms C in City D.

3. There are a relatively small number of issues that the parties have been unable to agree on. I will go through each of the matters in turn that were in dispute between the parties in the context of the minute that I was given.

4. I will start with the question of whether these ought to be final or interim orders. The Mother seeks these be final orders, the Father that they be made on an interim basis. In circumstances where I have not had the benefit of hearing any evidence it would be inappropriate for me to be pronouncing final orders. Most of the matters that were in the minute are agreed to. That agreement was predicated on this being an interim arrangement and for those reasons I will make interim orders only.

5. The first substantial matter in dispute is the question of interim parental responsibility between now and when this matter will be heard on a final basis. The Mother seeks an order that on an interim basis she have sole parental responsibility for X, Y and Z whereas the Father seeks an order for equal shared parental responsibility or for there to be no order made in relation to this issue.

6. The Independent Children’s Lawyer erred on the side of there either being equal shared parental responsibility or no order being made.

7. Section 61DA of the Family Law Act 1975 (Cth) (“the Act”) provides there is an assumption that the parties have equal shared parental responsibility for their children unless that presumption is rebutted. The matters that can lead to a rebuttal of that presumption include the existence of violence or any other circumstance that would make such an order not to be in the best interests of the children.

8. Section 61DA(3) also allows for the Court not to make any order on an interim basis as it has not had an opportunity to explore all the matters relevant to that determination.

9. This is a matter in which I have been involved from the outset. The parties’ very poor relationship and inability to communicate and reach agreement about matters relating to the children is well-known to me.

10. This matter is not listed for final hearing until the second half of next year. In the meantime there are three young children for whom decisions need to be made. I am not satisfied in the circumstances that the question of parental responsibility ought to be left in limbo.

11. There is an absence of any current co-parenting by these parties of their children. They have a long and difficult history. Both parties lack trust in the other. There are issues around alcohol, issues around violence and the extended families have become engaged in the dispute as well. There have been criminal charges and convictions, there are intervention orders in place and right now poor X, Y and Z are the meat in the sandwich.

12. The interim orders provide for the Mother to have not only the children’s primary care but realistically almost their sole care. There must be a decision-maker in the interim period and I am of the view that the best interests of the children are met by that person being the Mother.

13. I do however agree with Ms Cola on behalf of the Independent Children’s Lawyer that the parties need to be given an opportunity to remember that they are their children’s parents first and foremost and they do need to be communicating. In those circumstances I am going to be making what Ms Cola referred to as the mechanism provisions about how that is to occur.

14. Quite simply, before the Mother makes any long-term decisions for the children she will advise the Father by text or email of what it is that needs to be decided, what she believes would be best for them, invite his response and consider any response that she receives from him before she makes that decision. She is them to advise the Father of what she has decided, noting that if she does not hear from him within 7 days she can take that as an indication that he is in agreement with what she has proposed or does not wish to be part of the process.

15. That may sound cumbersome to the parties, and especially to the Mother, but the parties have three very young children currently 8, 6 and 4 years old. The parties have many years of parenting ahead of them and need to realise that the children need both of their parents in their lives. The children need the parties to move on from what is currently a highly dysfunctional adult relationship. This is the parties’ chance over the next 12 months to show themselves, to show me, that they are able to do that.

16. In relation to the question of the time that the children will spend with their Father, it is agreed that that is to be monthly, it is agreed that that is to be supervised. This is appropriate. The parties cannot agree who that supervisor is to be.

17. I made an observation that the parties need a team of supervisors. It is unrealistic to expect one person to be available on the second weekend of every month between now and when this matter will be returning in early October 2022.

18. There are three names currently before me; one proposed by the Father and two proposed by the Mother. I agree with Ms Cola on behalf of the Independent Children’s Lawyer that if they are properly instructed by the Independent Children’s Lawyer then all should be suitable.

19. All the prospective supervisors have their positives and negatives. If after the Independent Children’s Lawyer has spoken with them and decides they are not suitable then they will be no longer on the team.

20. If Ms H, who is the Father’s partner, is available she will be the parties’ first choice. The thing that persuades me that Ms H is an appropriate choice is one of the matters raised by Mr Smith on behalf of the Father. Ms H is going to know whether the Father has a drink on Saturday night or not. Part of the undertaking Ms H will give to the Court is that if this occurs, she will not allow the children to spend time with the Father.

21. The next issue is whether time should take place on both Saturday and Sunday.

22. Time will take place on each Saturday and Sunday at the times that were proposed by the Independent Children’s Lawyer. There are two reasons I am in support of that.

23. X, Y and Z love their Father. They are however worried about how the Father will behave after the nasty incident which occurred in February of this year where he and his Father were alcohol affected and fought each other and resulted in the police having to attend. The Father is deluding himself if he thinks that the children do not know what occurred on that occasion and did not hear or see it. They knew exactly what was going on. However, the children want to see him and if the Father has made the effort to travel such a long way then it is only appropriate that they see him for the whole weekend.

24. The proposal is that this occurs on the second week of each month, and I will get to a notation I have made in this respect.

25. Changeover will be at the Town F Police Station. If there are Covid-19 related restrictions in place such that the Father only has a permit to enter New South Wales to see the children, changeover shall take place at the Town B Police Station if it is open. If it is not open then changeover shall take place immediately outside the entrance of the Town B Supermarket E. These are public places and will hopefully reduce the risk of inappropriate discussions, behaviours or exchanges between the parties taking place.

26. Prior to time commencing, the Independent Children’s Lawyer is requested to speak personally with each of the named supervisors by Zoom to introduce himself to each of the supervisors, explain the supervisor’s obligations and explain the focus of the children’s time with their Father. I thank the Independent Children’s Lawyer for putting his hand up to undertake that role.

27. The Orders will also provide for additional time on Father’s Day, for Christmas and for the Father’s birthday in December.

28. Telephone or video communication will be on Monday of each week as well as the children’s birthdays and on Christmas Day. I was very much persuaded by the Report Writer Ms G’s second report on that issue. I can understand why the Father wants to speak and communicate with the children as much as possible but it is not always fun for the children and is at times very disruptive for them and for the Mother.

29. I will also make an order that the Mother is to facilitate the children calling the Father on their reasonable request to do so.

30. In relation to the question of the drug and alcohol counselling, my belief in relation to counselling is that if people do not think they need it, it is not worth them engaging in because nothing will be gained from it. The order will make provision for the Father only to attend drug and alcohol counselling. I am however going to make an order that the Mother shall discuss with her current counsellor whether she would benefit from drug and alcohol counselling and to that end the Mother shall provide to her counsellor a copy of both of Ms G’ reports and a copy of the orders I will make today. If the Mother’s counsellor recommends drug and alcohol counselling, then the Mother is to engage in counselling with such drug and alcohol counsellor as recommended by her counsellor and for such time as recommended by the drug and alcohol counsellor. It may be that someone with whom the Mother has been working closely for some time may have a different view to that of the Mother about her need for drug and alcohol counselling. If her counsellor recommends same then that is what is going to take place.

31. Looking at the Minute of Orders which was given to me, I have also added to the order in relation to the parties advising the other of medical issues relating to any of X, Y or Z that they shall authorise their treating professionals to speak to the other parent.

32. I have amended one notation. Whilst it is only a notation it is nonetheless important in the circumstances of this matter. It will provide that the paternal grandparents are at liberty to attend time with the children and the Father during the Father’s time with them for the December 2021 visit and each second visit thereafter. They are, as a matter of courtesy, to let the Mother know if they are attending. 

33. I am also adding a notation of my own volition that if the time between the Father and the children cannot occur on the second weekend in September because of Covid-19 restrictions, it will take place on any later weekend in September that such restrictions allow. It is however my understanding in relation to the permit system that where there are orders for parents to spend time with their children a permit may be granted.

34. In relation to the further conduct of the matter it is before me on 3 October 2022 for a further final hearing if that is what is necessary. This accords with when I can promise to hear this matter if it is not resolved before that time.

35. I have made an order for an updated family report and requested that it be completed by Ms G and released 42 days prior to the trial date.

36. In addition to all the usual orders I make when I order a family report, I am also going to make an order that the Father authorise his drug and alcohol counsellor to speak with Ms G and I have requested Ms G that she have that discussion. This is because I am asking Ms G to comment on whether she believes the Father has addressed his drug and alcohol and anger issues.

37. I am also going to make an order that upon release of the family report, the Independent Children’s Lawyer is to arrange for the parties to attend family dispute resolution. This will hopefully be in the month of August 2022, prior to when affidavits would need to be filed before the trial.

38. I finally have made my standard orders with respect to trial directions.

I certify that the preceding thirty-eight (38) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Bender.

Associate:

Dated:       7 October 2021