Fabina & Manalo (No 3)

[2021] FCCA 1524

FEDERAL CIRCUIT COURT OF AUSTRALIA

Fabina & Manalo (No 3) [2021] FCCA 1524

File number(s):

SYC 3632 of 2019

Judgment of:

JUDGE MORLEY

Date of judgment:

5 July 2021

Catchwords:

FAMILY LAW – Parenting – interlocutory application for appointment of single expert witness pursuant to Rule 15.45 of the Family Law Rules 2004 or family report pursuant to section 62G of the Family Law Act 197 (Cth) – respondent’s application in the alternative that the applicant pay the full costs of single expert witness’ report.

Legislation:

Family Law Act 1975 (Cth), s 62G.

Family Law Rules 2004 (Cth), 15.45

Cases:

Sadasivam & Seshan [2019] FamCAFC 76

Number of paragraphs:

59

Date of last submission/s:

7 June 2021

Date of hearing:

7 June 2021

Place:

Sydney

Counsel for the Applicant:

Ms Treherne

The Respondent:

The Respondent appeared in person.

ORDERS

SYC 3632 of 2019

BETWEEN:

MR FABINA

Applicant

AND:

MS MANALO

Respondent

ORDER MADE BY:	JUDGE MORLEY
DATE OF ORDER:	5 JULY 2021

THE COURT ORDERS THAT:

1.That pursuant to rule 15.45 of the Family Law Rules 2004 (Cth), Dr D clinical psychologist of E Street, Suburb F (expert) be appointed as a single expert witness in the proceedings.

2.That the expert be provided with the Terms of Reference annexed to these orders and marked with the letter “A” upon her appointment.

3.That the Applicant Father will be responsible for the payment of the expert’s fees at first instance.

4.The Respondent Mother shall be responsible for payment of one half of the single expert witness’ fees to be paid as part of the final settlement or such earlier times as circumstances may determine, subject to any final determination of this issue by the Court.

5.That the Respondent Mother make herself and the child available for interview by the expert on 29 and 30 November 2021 and/or or such other dates as required by the expert.

6.That each party provide to the expert, and to the other party, a short minute of the final order sought with respect to the parenting matters on or before 1 November 2021.

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 Fabina & Manalo (No 3) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

Judge Morley:

INTRODUCTION

1. These are Reasons for Judgment in relation to an interlocutory issue in the matter of Fabina & Manalo. The Applicant to these interlocutory proceedings is the Father Mr Fabina (‘the Applicant’) and the Respondent to these interlocutory proceedings is the Mother Ms Manalo (‘the Respondent’).

2. The interlocutory matter before the Court is whether the Court should have the benefit of social science evidence from a single expert witness or from a family consultant, and in the event that the evidence should come from a single expert witness,…