FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Eastick & Burrows [2024] FedCFamC1F 718
File number(s): MLC 13352 of 2024 Judgment of: BENNETT J Date of judgment: 28 October 2024 Catchwords: FAMILY LAW – PRACTICE & PROCEDURE – relief from Harman undertaking – provision of documents in concluded parenting proceedings to Magistrates Court for use by parties in family violence proceedings Legislation: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Cases cited: Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283
Littlefield & Pemble [2023] FedCFamC1A 198; (2023) FLC ¶94-165
Division: Division 1 First Instance Number of paragraphs: 17 Date of hearing: 28 October 2024 Place: Melbourne Counsel for the Applicant: Ms Goldthorp Solicitor for the Applicant: Kenna Teasdale Lawyers Counsel for the Respondent: Litigant in Person Counsel for the Independent Children's Lawyer: Ms Stavrakis Solicitor for the Independent Children's Lawyer: Walters Family Law Pty Ltd ORDERS
MLC 13352 of 2024 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MR EASTICK
Applicant
AND: MS BURROWS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
BENNETT J
DATE OF ORDER:
28 OCTOBER 2024
THE COURT ORDERS THAT:
1.Service of the Initiating Application filed on 21 October 2024 and associated documents is deemed to have been effected on the mother and further compliance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”) as to service is dispensed with.
2.Pursuant to Rule 6.04 of the Rules the applicant father and the respondent mother be granted permission to rely on and produce in the Magistrates’ Court of Victoria No.: … the following documents:
(a)the Psychiatric Assessment prepared by Dr H regarding the parties dated 15 February 2021;
(b)the E Family Services Family Report prepared by Ms K dated 24 April 2021;
(c)the Reasons for Judgment delivered by the Honourable Justice Bennett on 12 July 2021; and
(d)a copy of this Order and ex-tempore reasons.
3.These reasons be transcribed and be made available to the parties and the Independent Children’s Lawyer.
4.The father’s solicitor be responsible for transmission of documents set out at Order 2 to the Magistrates’ Court at Melbourne and the father’s solicitor copy the mother at her email address in that correspondence so that she knows precisely which documents have been provided.
5.All extant applications be otherwise dismissed and the proceedings be removed from the Active Pending Cases List.
6.The Independent Children’s Lawyer is hereby discharged.
AND THE COURT NOTES THAT:
A.Section 114Q of the Family Law Act 1975 (Cth) provides that it is an offence punishable by imprisonment for up to one year to publish or disseminate to the public or a section of the public any account of family law proceedings which identifies the parties, witnesses or other people concerned with the proceedings, unless specifically authorised by the Court.
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…
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- [2024] FedCFamC1F 718
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CaseChat Overview and Summary
The primary legal issue was whether the court should grant permission for Mr Eastick to rely on and produce specific documents in the Magistrates’ Court, despite the Harman undertaking that restricted their use. The court had to consider the relevance of these documents to the family violence proceedings, the potential impact on the children, and the terms of the Harman undertaking. Additionally, the court needed to ensure compliance with section 114Q of the Family Law Act 1975 (Cth), which restricts the disclosure of information in family law proceedings.
The court granted the application, allowing Mr Eastick to rely on and produce the specified documents in the Magistrates’ Court. Bennett J considered the relevance of the documents to the family violence proceedings, the need to protect the children, and the limited scope of the relief granted. The court ensured that the disclosure complied with the requirements of section 114Q of the Family Law Act 1975 (Cth). The court also noted the importance of transparency and communication between the parties and ordered that the mother be informed of the documents provided to the Magistrates’ Court. The court dismissed all other applications and removed the proceedings from the Active Pending Cases List.
The court ordered that the initiating application and associated documents be deemed served, and compliance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) was dispensed with. The court also ordered the transcription of the reasons for judgment and their availability to the parties and the Independent Children’s Lawyer. Additionally, Mr Eastick’s solicitor was tasked with transmitting the specified documents to the Magistrates’ Court and copying the mother on that correspondence. The Independent Children’s Lawyer was discharged from the proceedings.
Orders
Orders of the court
MLC 13352 of 2024
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MR EASTICK
Applicant
AND:
MS BURROWS
Respondent
INDEPENDENT CHILDREN'S LAWYER
ORDER MADE BY:
BENNETT J
DATE OF ORDER:
28 OCTOBER 2024
THE COURT ORDERS THAT:
1. Service of the Initiating Application filed on 21 October 2024 and associated documents is deemed to have been effected on the mother and further compliance with the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (“the Rules”) as to service is dispensed with.
2. Pursuant to Rule 6.04 of the Rules the applicant father and the respondent mother be granted permission to rely on and produce in the Magistrates’ Court of Victoria No.: … the following documents:
(a) the Psychiatric Assessment prepared by Dr H regarding the parties dated 15 February 2021;
(b) the E Family Services Family Report prepared by Ms K dated 24 April 2021;
(c) the Reasons for Judgment delivered by the Honourable Justice Bennett on 12 July 2021; and
(d) a copy of this Order and ex-tempore reasons.
3. These reasons be transcribed and be made available to the parties and the Independent Children’s Lawyer.
4. The father’s solicitor be responsible for transmission of documents set out at Order 2 to the Magistrates’ Court at Melbourne and the father’s solicitor copy the mother at her email address in that correspondence so that she knows precisely which documents have been provided.
5. All extant applications be otherwise dismissed and the proceedings be removed from the Active Pending Cases List.
6. The Independent Children’s Lawyer is hereby discharged.
AND THE COURT NOTES THAT:
A. Section 114Q of the Family Law Act 1975 (Cth) provides that it is an offence punishable by imprisonment for up to one year to publish or disseminate to the public or a section of the public any account of family law proceedings which identifies the parties, witnesses or other people concerned with the proceedings, unless specifically authorised by the Court.
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).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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