Eastman & Pellis

[2021] FCCA 1358

FEDERAL CIRCUIT COURT OF AUSTRALIA

Eastman & Pellis [2021] FCCA 1358

File number(s):

LEC 375 of 2013

Judgment of:

JUDGE L. TURNER

Date of judgment:

18 June 2021

Catchwords:

FAMILY LAW – interim – where litigation guardian appointed for wife in property proceedings in July 2019 – where wife seeks removal of litigation guardian – Held wife’s application for removal of litigation guardian dismissed – directions made as to filing of submissions as to costs

Legislation:

Family Law Act 1975 (Cth) s 121

Federal Circuit Court Rules 2001 rr 1.06, 11.08, 11.09, 11.11, 11.14

Cases cited:

Forster & Forster (No 3) [2012] Fam CAFC 214

Gallanders & Gallanders [2020] FamCAFC 29

LL & PL & SDP [2005] Fam CA 715

Number of paragraphs:

160

Date of last submission/s:

28 April 2021

Date of hearing:

8 March 2021

Place:

Brisbane

Counsel for the Applicant:

Ms Frizelle

Solicitor for the Applicant:

Beek & Gallagher Legal

Counsel for the First Respondent:

Ms McDiarmid

Solicitor for the First Respondent:

Crane Paskins Law

Counsel for the Second Respondent:

Ms Judge

Solicitor for the Second Respondent:

Australian Criminal And Family Lawyers

ORDERS

LEC 375 of 2013

BETWEEN:

MS EASTMAN

Applicant

AND:

MR PELLIS

First Respondent

MR MORTON

Second Respondent

ORDER MADE BY:	JUDGE L. TURNER
DATE OF ORDER:	18 JUNE 2021

THE COURT ORDERS THAT:

1. The application in a case filed by Beek & Gallagher Legal on behalf of the wife on 15 December 2020 be dismissed.

2. The respondents to the application file and serve written submissions as to costs, including the orders being sought, within 28 days from the date hereof.

3. The applicant file and serve written submissions as to costs, including the orders being sought, within 28 days of receipt of the written submissions referred to in Order 2.

4. The respondents file any reply to the applicant’s written submissions within 7 days of receipt of the written submissions referred to in Order 3.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Eastman & Pellis is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE L. TURNER:

INTRODUCTION

1. The wife and husband, after a relationship of some 18 years, including a marriage of 14 years, separated in 2013 with court proceedings being filed by the husband shortly thereafter.

2. In her response the wife was legally represented by one firm but within months had changed solicitors to another firm.

3. The third and current solicitors on record (Australian Criminal and Family Lawyers), were engaged by the wife in May 2018, with Mr BB (Mr BB) having and continuing to have carriage of the matter.

4. In mid-2019 after meetings and discussions with the wife and Counsel, Ms Judge, Mr BB filed, with the consent of the wife, an application seeking the appointment of a litigation guardian…