Department of Communities and Justice & Rodwell (No.2)

[2021] FedCFamC1F 345

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Department of Communities and Justice & Rodwell (No.2) [2021] FedCFamC1F 345

File number(s):

SYC 52 of 2021

Judgment of:

BENNETT J

Date of judgment:

10 December 2021

Catchwords:

FAMILY LAW – CHILD ABDUCTION – where Principal Registrar directed to address apparent procedural deficits in electronic filing of Hague return applications and advise Hague judges accordingly –where apparent procedural deficits have been addressed

FAMILY LAW – PRACTICE & PROCEDURE – where continuation of directions serves no purpose and directions are discharged

Division:

Division 1 First Instance

Number of paragraphs:

2

Date of last submission/s:

28 October 2021

Date of hearing:

31 March 2021, 1 and 21 April 2021 and 3 September 2021

Place:

Melbourne

Counsel for the Applicant:

Ex parte

Counsel for the Respondent:

Ex parte

Counsel for the Independent Children’s Lawyer:

Ex parte

ORDERS

SYC 52 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

THE MINISTER DEPARTMENT OF COMMUNITIES AND JUSTICE

Applicant

AND:

MR RODWELL

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	BENNETT J
DATE OF ORDER:	10 DECEMBER 2021

THE COURT ORDERS THAT:

1.Paragraphs 7, 8 and 9 of the Order made on 26 November be, and are hereby, discharged.

2.A copy of this Order and these reasons be provided to the parties to the proceedings.

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 the pseudonym Rodwell is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

BENNETT J:

1. On 26 November 2021, I made final orders in a Hague return case between the Department of Communities and Justice and Mr Rodwell. Paragraphs 7 and 8 of my Order directed the Principal Registrar to consider deficiencies in the court processes and secondly to take steps to rectify perceived deficiencies. Those directions have been complied with and serve no further purpose.

2. The parties were not affected by the directions contained in paragraphs 7, 8 and 9 of my original order. Similarly, they are not affected by those parts of the order being vacated. However, the parties should be notified of the fact of compliance and the fact that the Order is now vacated. Accordingly, I direct that these reasons and my order be sent to the parties.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Bennett.

Associate:

Dated:       23 December 2021