Echlin and Kagan

[2011] FMCAfam 272

FEDERAL MAGISTRATES COURT OF AUSTRALIA

ECHLIN & KAGAN [2011] FMCAfam 272

FAMILY LAW – PRACTICE & PROCEDURE – Access to inspect court file – permission to inspect the court file for the purpose of parenting proceedings – party with proper interest – rule 2.08 of the Federal Magistrates Court Rules 2001 – application granted.

Family Law Act 1975 (Cth), s.121
Federal Magistrates Court Rules 2001 (Cth), r.2.08
Family Law Rules 2004 (Cth), r.24.13

Oates & Q and Anor [2010] FamCAFC 202

Applicant: MR ECHLIN

Respondent: MS KAGAN

File Number: DGC 683 of 2010

Judgment of: O'Sullivan FM

Hearing date: 15 March 2011

Date of Last Submission: 15 March 2011

Delivered at: Dandenong

Delivered on: 15 March 2011

REPRESENTATION

Counsel for the Applicant: Ms D. Dwyer

Solicitors for the Applicant: Denise Dwyer Lawyers

The Respondent: Appeared in person

THE COURT ORDERS THAT:

1. Ms Kagan have leave to view and inspect only the Court documents on the file held by the Family Court of Australia at the Dandenong Registry between Ms P and Mr Echlin file number [omitted].

2. Ms Kagan notify Ms P by text message of these order and she have
   14 days to apply to set aside order (1).

3. Ms Kagan not discuss, disclose or use any information gained pursuant to order (1) other than for purposes of these proceedings.

BY CONSENT THE COURT ORDERS:

1. The parties and the children [X] born [in] 2006 and [Y] born [in] 2008 (“the children”) attend upon a Dr E for an updated report and the parties to provide him with all Court documentation for that purpose. The cost of the updated report to be paid by the Applicant.

2. Pursuant to Rule 15.08 of the Federal Magistrates Court Rules 2001 Dr E and Dr K to confer and produce a joint statement to be filed with the Court on how their opinions on the question of Mr Echlin’s mental health and suitability for unsupervised access differ.

3. The matter be adjourned to 29 June 2011 at 10.00 a.m. for final hearing (with an estimated hearing time of 2 days) at the Federal Magistrates Court of Australia at Dandenong.

4. The applicant do file and serve all further affidavits and other material to be relied upon by the applicant not later than 21 days prior to the trial.

5. The respondent do file and serve all further affidavits and other material to be relied upon by the respondent not later than 14 days prior to the trial.

6. All parties do file and serve an Outline of Case document in an appropriate form by not later than 72 hours prior to the trial date setting out the following:

   (a)a list of the material relied upon;

   (b)a brief chronology listing significant events;

   (c)a list of contentions with respect to each of the considerations relevant to determining the best interests of the children (s.60cc factors);

   (d)a list of other contentions relevant to the decision;

   (e)whether the presumption of equal shared parental responsibility applies (s.61da), and if not the contentions relied upon;