Duarte and Morse

[2014] FamCA 418

FAMILY COURT OF AUSTRALIA

DUARTE & MORSE [2014] FamCA 418

FAMILY LAW – PRACTICE AND PROCEDURE – review application

Family Law Act 1975 (Cth)

APPLICANT: Ms Duarte

RESPONDENT: Mr Morse

INDEPENDENT CHILDREN’S LAWYER: Ms Carroll

FILE NUMBER: SYC 737 of 2014

DATE DELIVERED: 20 June 2014

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Watts J

HEARING DATE: 16 June 2014 (in chambers without the parties present)

REPRESENTATION

SOLICITOR FOR THE APPLICANT: No appearance

SOLICITOR FOR THE RESPONDENT: No appearance

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: No appearance

Orders

Orders made 16 June 2014

1. That the Application for Review filed 13 June 2014 is dismissed.

2. This matter be listed before the Magellan Registrar on a date to be appointed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Duarte & Morse has been approved by the Chief Justice pursuant to s 121(9)(g) of the Act.

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 737 of 2014

Ms Duarte

Applicant

And

Mr Morse

Respondent

REASONS FOR JUDGMENT

1. The mother filed an Application in a Case on 13 June 2014 seeking review of procedural orders made by a Registrar which listed all applications before the Magellan Registrar on a date to be appointed.

2. As the mother’s affidavit filed 13 June 2014 makes clear, that referral was primarily as a result of the filing of a Notice of Child Abuse, Family Violence or Risk of Family Violence by the Independent Children's Lawyer on 12 June 2014. That Notice refers to three alleged occasions in 2004, 2006 and 2012 where Mr T came under notice for possible sexual offences involving young children. It is clear that those allegations are only that at this point. At paragraph [174] of the mother’s affidavit filed 18 March 2014, the mother says that she has a close personal relationship with Mr T. In the Child Inclusive Conference Memorandum to Court dated 30 May 2014, the family consultant opines that if Mr T has a history of child sexual offence charges, whether convicted or not, this presents a significant risk factor for the children and the risks will require urgent assessment. The referral made by the Registrar to the Magellan Registrar is for the purpose of further assessing whether this matter is an appropriate matter to be placed in the Magellan list. That was an appropriate order for the Registrar to make and the Registrar’s decision is upheld.

3. The mother will have an opportunity, if the Magellan Registrar assesses that the matter should be placed before the Magellan Judge, to make submissions about whether or not the matter should be in the Magellan list.

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Watts delivered on 20 June 2014

Associate: 

Date:  20.6.2014