FAMILY COURT OF AUSTRALIA
| DUNBAR & DUNBAR | [2010] FamCA 698 |
| FAMILY LAW – PRACTICE AND PROCEDURE – ADJOURNMENT – Adjournment granted |
| Family Law Act 1975 (Cth) |
| B & B [1999] FamCA 1992 Cheung v The Queen (1999) 73 ALJR 1093 Dietrich v The Queen (1992) 177 CLR 292 L and L (unreported, Full Court of the Family Court, 13 December 1996) |
| APPLICANT: | Ms Dunbar |
| RESPONDENT: | Mr Dunbar |
| FILE NUMBER: | BRC | 3294 | of | 2009 |
| DATE DELIVERED: | 19 July 2010 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | O’Reilly J |
| HEARING DATE: | 19 July 2010 |
REPRESENTATION
| THE APPLICANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Mr Scott-Mackenzie |
| SOLICITOR FOR THE RESPONDENT: | Butler McDermott Lawyers |
| COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER | Ms McLennan |
| THE INDEPENDENT CHILDREN’S LAWYER | Ms Brunswick Family Law Solutions |
Orders
IT IS ORDERED
Dr Sayers of Counsel and the mother’s solicitors have leave to withdraw.
On the mother’s application, the proceedings are adjourned.
The proceedings be relisted for hearing in the Magellan Special Sittings for 5 days from Monday 23 August 2010 - Friday 27 August 2010 as the first reserve case in that week and it be given priority for fixed dates in that week upon delisting of any existing matters in that week.
The father file and serve any amended response by 4.00pm on Monday 26 July 2010.
The matter be listed for a case management hearing at 11.00am on Tuesday 3 August 2010 before Registrar Kane.
AND IT IS FURTHER ORDERED BY CONSENT UNTIL FURTHER ORDER
The children R born … September 2005 and P born … January 2007 spend time with the father on Thursdays from 9.00am until 12 noon and the children M born … January 2003 and R and P spend time with the father on Sundays from 10.00am until 4.00pm all such time to be supervised by Mr B or as approved in writing by the independent children’s lawyer.
The parties must ensure that the children not be interviewed by any person at the Queensland Police Service or the Department of Community Services (Child Safety) or medically examined without specific court order.
The mother must not change any educational or living arrangements presently in place concerning the children without approval in writing by the independent children’s lawyer.
AND IT IS FURTHER ORDERED BY CONSENT
The mother must post the children’s passports to the independent children’s lawyer in an express post bag no later than 10.00am on Tuesday 20 July 2010.
AND IT IS FURTHER ORDERED
The mother’s application that she be permitted to take the children to counselling in relation to alleged sexual abuse or for any other purpose is dismissed.
AND IT IS FURTHER ORDERED
The children immediately be removed from the mother’s home and care by S Dunbar and until further order reside with S Dunbar and K Dunbar.
The matter may be listed before the Honourable Justice O’Reilly this week or next week on short notice by direct arrangement with the Associate for further interim orders including in relation…
Continue reading Dunbar and Dunbar
Sign in free to access the full text
- AGLC
- Dunbar and Dunbar [2010] FamCA 698
- Case
- [2010] FamCA 698
- Decision Date
CaseChat Overview and Summary
The court was required to determine several issues, including whether to grant the mother's application for leave to withdraw her legal representatives, whether to adjourn the proceedings, and what interim orders should be made regarding the children's care, contact with their father, and their passports. The court also considered the mother's application to take the children to counselling and the immediate care arrangements for the children.
O’Reilly J ordered that the mother's solicitors and counsel be granted leave to withdraw and that the proceedings be adjourned. The matter was relisted for a hearing in August 2010, with the father required to file any amended response by a specified date. A case management hearing was also scheduled. By consent, interim orders were made regarding the children's supervised time with the father, and restrictions were placed on the children being interviewed or medically examined without a court order, and on the mother changing the children's educational or living arrangements without the written approval of the independent children's lawyer. The mother was also ordered to post the children's passports to the independent children's lawyer. The mother's application for permission to take the children to counselling was dismissed. Crucially, the court ordered that the children be immediately removed from the mother's care and reside with S Dunbar and K Dunbar until further order, with liberty to list the matter for further interim orders concerning the children's time with the mother.
Orders
Orders of the court
IT IS ORDERED
1.
Dr Sayers of Counsel and the mother’s solicitors have leave to withdraw.
2.
On the mother’s application, the proceedings are adjourned.
3.
The proceedings be relisted for hearing in the Magellan Special Sittings for 5 days from Monday 23 August 2010 - Friday 27 August 2010 as the first reserve case in that week and it be given priority for fixed dates in that week upon delisting of any existing matters in that week.
4.
The father file and serve any amended response by 4.00pm on Monday 26 July 2010.
5.
The matter be listed for a case management hearing at 11.00am on Tuesday 3 August 2010 before Registrar Kane.
AND IT IS FURTHER ORDERED BY CONSENT UNTIL FURTHER ORDER
6.
The children R born … September 2005 and P born … January 2007 spend time with the father on Thursdays from 9.00am until 12 noon and the children M born … January 2003 and R and P spend time with the father on Sundays from 10.00am until 4.00pm all such time to be supervised by Mr B or as approved in writing by the independent children’s lawyer.
7.
The parties must ensure that the children not be interviewed by any person at the Queensland Police Service or the Department of Community Services (Child Safety) or medically examined without specific court order.
8.
The mother must not change any educational or living arrangements presently in place concerning the children without approval in writing by the independent children’s lawyer.
AND IT IS FURTHER ORDERED BY CONSENT
9.
The mother must post the children’s passports to the independent children’s lawyer in an express post bag no later than 10.00am on Tuesday 20 July 2010.
AND IT IS FURTHER ORDERED
10.
The mother’s application that she be permitted to take the children to counselling in relation to alleged sexual abuse or for any other purpose is dismissed.
AND IT IS FURTHER ORDERED
11.
The children immediately be removed from the mother’s home and care by S Dunbar and until further order reside with S Dunbar and K Dunbar.
12.
The matter may be listed before the Honourable Justice O’Reilly this week or next week on short notice by direct arrangement with the Associate for further interim orders including in relation to the children spending time with the mother.
NOTATION:
On the morning of the listed trial 19 July 2010 the mother dismissed her legally aided solicitors Rimmer Lawyers and Dr Sayers of Counsel retained by them and was warned that if she is unable to obtain new legal representation it is unlikely that she will be granted any further adjournment.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.