FAMILY COURT OF AUSTRALIA
| DICKENS & DICKENS (NO 3) | [2016] FamCA 771 |
| FAMILY LAW – INTERIM |
| APPLICANT: | Mr Dickens |
| RESPONDENT: | Ms Dickens |
| INDEPENDENT CHILDREN’S LAWYER: | Mr Moylan |
| FILE NUMBER: | SYC | 739 | of | 2010 |
| DATE DELIVERED: | 5 September 2016 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 5 September 2016 |
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
The Application in a Case filed by the father on 9 May 2016 be dismissed.
Liberty granted to the Independent Children's Lawyer to relist the matter before me on 7 days’ notice should he need any further direction in relation to the preparation of the expert report.
The listing of any further application filed in these proceedings be referred to my chambers for the consideration of a listing before myself if I am reasonably available.
Today’s costs of the Independent Children's Lawyer be reserved.
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 3) 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
EX TEMPORE REASONS FOR JUDGMENT
On 9 May, the father filed an application in a case. It was initially listed in July but then referred to me for consideration given that this matter is in my docket for the completion of a final hearing. The application seeks the following orders:
(1)That orders 1 and 2 made on 20 May 2015 by Watts J be made redundant;
(2)That orders 1, 2 and 3 made on 1 March 2016 by Watts J be made redundant;
(3)Dr U be excluded from having any involvement in this case;
(4)The family consultant, Ms HH, be appointed to prepare a family report;
(5)that the independent children’s lawyer, Mr Paddy Moylan, be discharged from this case;
(6)that the matter proceed and be finalised without an independent children’s lawyer;
(7)that this application be listed at short notice;
(8)that reasons for judgment be provided.
The father, in support of that application, filed an affidavit on 9 May 2016. Rule 5.09(a) of the Family Law Rules provides that, in any interim or procedural application, the parties are allowed to file one affidavit. Rule 15.12 provides that any document to be used in connection with the proceedings should be attached to the affidavit up to a certain thickness and, if it cannot be attached, the material is to…
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- Dickens & Dickens (No 3) [2016] FamCA 771
- Case
- [2016] FamCA 771
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was the disposition of the father's application. Additionally, the court was required to consider whether further directions were necessary for the preparation of an expert report, and how any future applications in the proceedings should be listed. The court also had to determine the costs of the Independent Children's Lawyer for the day.
Watts J dismissed the father's application. Liberty was granted to the Independent Children's Lawyer to relist the matter for further directions regarding the expert report, provided seven days' notice was given. Any future applications were to be referred to the judge's chambers for consideration of listing before Watts J, if he was reasonably available. The costs of the Independent Children's Lawyer for the day were reserved.
Orders
Orders of the court
1.
The Application in a Case filed by the father on 9 May 2016 be dismissed.
2.
Liberty granted to the Independent Children's Lawyer to relist the matter before me on 7 days’ notice should he need any further direction in relation to the preparation of the expert report.
3.
The listing of any further application filed in these proceedings be referred to my chambers for the consideration of a listing before myself if I am reasonably available.
4.
Today’s costs of the Independent Children's Lawyer be reserved.
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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