Dickens and Dickens (No. 2)

[2017] FamCA 750

FAMILY COURT OF AUSTRALIA

DICKENS & DICKENS (NO. 2) [2017] FamCA 750

FAMILY LAW – PRACTICE AND PROCEDURE – SUBPOENA – Review of Registrar’s decision not to reissue a subpoena to the NSW Police – Where the NSW police have produced certain documents – Where the father does not accept the explanation given by the NSW Police that they are unable to locate or no longer have further documents – Where there is little utility in reissuing the subpoena to the NSW police – Where the issue to which any documents that may not have been produced is peripheral to any central issue in the competing applications for parenting orders – Where the father’s application is dismissed.

State Records Act 1998 (NSW)

APPLICANT: Mr Dickens

RESPONDENT: Ms Dickens

INDEPENDENT CHILDREN’S LAWYER: Mr Moylan

FILE NUMBER: SYC 739 of 2010

DATE DELIVERED: 25 September 2017

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 15 August 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Father in person

SOLICITOR FOR THE RESPONDENT: Mother in person

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Moylan Family Law

Orders

(Made 15 August 2017)

1. At the request of the father, both his Application in a Case filed 29 October 2015 and his Application in a Case filed 30 March 2016 be dismissed.

2. The father’s Application in a Case filed 9 March 2016 be dismissed. I reserve my reasons for judgment.

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 Dickens & Dickens (No. 2) 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 SYDNEY

FILE NUMBER: SYC 739  of 2010

Mr Dickens

Applicant

And

Ms Dickens

Respondent

REASONS FOR JUDGMENT

1. By way of an Application in a Case filed 9 March 2016 the father sought to review a decision of Registrar Campbell regarding a subpoena issued by the father dated 10 December 2015.

2. The formal orders that the father sought were as follows:

   1.  That the decision made on 29 February 2016 by Registrar Campbell regarding subpoena dated 10 December 2015 be set aside.

   2.  That Police produce for inspection the original items listed in item 3 of the schedule to subpoena dated 10 December 2015.

   3.  That Police produce copies of the items listed in item 3 of the schedule to subpoena dated 10 December 2015.

   …

3. The father has issued a number of subpoenas to the NSW Police Force in this matter. The police have produced certain documents pursuant to those subpoenas. The father complains that they have not produced…