FAMILY COURT OF AUSTRALIA
| DARLEY & DARLEY | [2020] FamCAFC 4 |
| FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – TRANSCRIPT – Where the mother was permitted to listen to the relevant audio to determine whether she wished to obtain all or part of that transcript – Where the mother is not yet in a position to make that determination – Where the application is adjourned to the Appeals Registrar to a date to be fixed. FAMILY LAW – APPEAL – APPLICATION IN AN APPEAL – SUBPOENA – Where the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals – Where the mother sought to issue a subpoena of a much broader compass – Where the earlier orders are varied to provide the exact wording for the mother’s subpoena – Where the application in relation to the issuing of a subpoena is otherwise dismissed. FAMILY LAW – APPEAL – PROCEDURE – Where the mother seeks an extension of time to file her Summary of Argument following the resolution of the transcript and subpoena issues – Where the mother seeks leave to copy documents already produced under an earlier subpoena – Where the mother tendered documents proving service of the relevant application upon the person whose medical records the mother wishes to copy – Where the mother is permitted to copy two pages of the relevant records – Where the appeal is now no longer able to be heard in the March 2020 Full Court sittings – Where the time for the mother to file her Summary of Argument is extended to the end of March 2020 – Where the Appeals Registrar is to arrange a new timetable for the remaining parties to file their documents. |
| Family Law Act 1975 (Cth) |
| Gloucester Shire Council v Fitch Ratings, Inc [2016] FCA 587 Darley & Darley [2019] FamCAFC 238 |
| APPLICANT: | Ms Darley |
| RESPONDENT: | Mr Darley |
| INDEPENDENT CHILDREN’S LAWYER: | Norman & Kingston Solicitors |
| FILE NUMBER: | BRC | 2317 | of | 2013 |
| APPEAL NUMBERS: | NOA | 9 | of | 2019 |
| NOA | 39 | of | 2019 | |
| NOA | 83 | of | 2019 |
| DATE DELIVERED: | 9 January 2020 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Kent J |
| HEARING DATE: | 9 January 2020 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 18 December 2018; |
| 5 April 2019; and | |
| 23 August 2019 |
| LOWER COURT MNC: | [2018] FamCA 1086; |
| [2019] FamCA 206; | |
| [2019] FamCA 595 |
REPRESENTATION
| THE APPLICANT: | In person |
| THE RESPONDENT: | No appearance |
| SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: | No appearance – leave given not to appear |
Orders
The mother’s Applications in an Appeal (NOA 39 of 2019 and NOA 83 of 2019) relating to the question of dispensing with the whole, or part, of any transcript for the hearings on 2 April 2019 and 10 June 2019 before Carew J be adjourned to the Appeals Registrar to a date to be fixed.
Leave is given to the mother to obtain photocopies of pages 10 and 11 from…
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- Darley & Darley [2020] FamCAFC 4
- Case
- [2020] FamCAFC 4
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the mother could listen to the relevant audio to determine whether she wished to obtain all or part of the transcript. The court was also required to decide whether the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals and whether the earlier orders should be varied to provide the exact wording for the mother’s subpoena. The court was further required to decide whether the mother should be granted an extension of time to file her Summary of Argument and leave to copy documents already produced under an earlier subpoena.
The court found that the mother was permitted to listen to the relevant audio to determine whether she wished to obtain all or part of the transcript, however, she was not yet in a position to make that determination. The court found that the mother was given leave to issue a subpoena to Medicare to obtain a list of the father’s treating medical professionals and that the earlier orders should be varied to provide the exact wording for the mother’s subpoena. The court found that the mother should be granted an extension of time to file her Summary of Argument and leave to copy documents already produced under an earlier subpoena. The court dismissed the applications for leave to issue any subpoena other than the one to Medicare.
The orders of the court included adjourning the mother’s applications in an appeal relating to the question of dispensing with the whole, or part, of any transcript for the hearings on 2 April 2019 and 10 June 2019 before Carew J to the Appeals Registrar to a date to be fixed. The court also granted leave to the mother to obtain photocopies of pages 10 and 11 from subpoena bundle number 30 being the records of [Dr TT] in respect of consultations with the paternal grandmother held on 12 and 13 September 2012. The court varied Order (5) of the Orders of 4 December 2019 to provide the exact wording for the mother’s subpoena. The court dismissed the applications for leave to issue any subpoena other than the one to Medicare. The court granted an extension of time to the mother to file and serve her Summary of Argument, relating to the three appeals, to 4:00 pm on 27 March 2020. The court adjourned the question of revising the timetable with respect to the father and the Independent Children’s Lawyer for the filing of their Summaries of Arguments, relating to the three appeals, to a date to be fixed before the Appeals Registrar. The court granted liberty to apply to the father and the Independent Children’s Lawyer in respect of the question of extending the timetable for the filing of documents as set out in Orders (5) and (6) hereof.
Orders
Orders of the court
1.
The mother’s Applications in an Appeal (NOA 39 of 2019 and NOA 83 of 2019) relating to the question of dispensing with the whole, or part, of any transcript for the hearings on 2 April 2019 and 10 June 2019 before Carew J be adjourned to the Appeals Registrar to a date to be fixed.
2.
Leave is given to the mother to obtain photocopies of pages 10 and 11 from subpoena bundle number 30 being the records of [Dr TT] in respect of consultations with the paternal grandmother held on 12 and 13 September 2012, and that the mother forthwith upon obtaining them serve copies of those documents upon the father and the Independent Children’s Lawyer.
3.
Order (5) of the Orders of 4 December 2019 be varied as follows:
(5) Leave is given to the mother to issue a subpoena for the production of documents directed to Medicare for medical service provider reports in relation to [Mr Darley] from 1 January 2006 to the present day.
4.
The applications for leave to issue any subpoena be otherwise dismissed.
5.
An extension of time be granted to the mother to file and serve her Summary of Argument, relating to the three appeals, to 4:00 pm on 27 March 2020.
6.
The question of revising the timetable with respect to the father and the Independent Children’s Lawyer for the filing of their Summaries of Arguments, relating to the three appeals, be adjourned to a date to be fixed before the Appeals Registrar.
7.
Liberty to apply be granted to the father and the Independent Children’s Lawyer in respect of the question of extending the timetable for the filing of documents as set out in Orders (5) and (6) hereof.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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