Farquar and Farquar

[2009] FamCA 426

FAMILY COURT OF AUSTRALIA

FARQUAR & FARQUAR [2009] FamCA 426

FAMILY LAW – CHILDREN – Interim hearing

APPLICANT: Mr Farquar

RESPONDENT: Ms Farquar

INDEPENDENT CHILDREN’S LAWYER: Ms Orwin

FILE NUMBER: DNC 431 of 2007

DATE DELIVERED: 1 April 2009

PLACE DELIVERED: Newcastle

PLACE HEARD: 1 April 2009

JUDGMENT OF: Strickland J

HEARING DATE: 1 April 2009

REPRESENTATION

SOLICITOR FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Mr Story

SOLICITOR FOR THE RESPONDENT: David Story & Associates

COUNSEL FOR THE INDEPENDENT CHILDREN’S LAWYER: Ms Orwin

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER: Margaret Orwin Barrister

Orders

1. That this matter be listed for a conclusion hearing in either July or August 2009 with the precise dates to be advised to the parties as soon as practicable.

2. That leave is granted to the mother and the father to file updated affidavits of evidence in chief such affidavits to be filed and served by 4:00pm on 8 July 2009.

3. That Mr V, Family Consultant undertake an updated family assessment report addressing all relevant s 60CC factors in light of the parenting orders sought by the parties but specifically to address the views of the child R born … March 1995 given the passage of time and given the conclusion of the relevant part of the criminal proceedings and in addition to consider the allegations by the father of manipulation of those views by the mother or other members of her household in light of the withdrawal of the charges of assault against the father.

4. That for the purpose of completing the updated assessment report the parties attend upon Mr V at all times nominated by him and the mother is to ensure that the said child attend upon Mr V at any time nominated by him for the purpose of being interviewed.

5. That the updated assessment report be completed and presented to the court by 4:00pm on 8 July 2009.

6. That further consideration of this case be adjourned for directions at 9:00am on 20 July 2009.

7. That leave is granted to all parties, their legal representatives and the Independent Children’s Lawyer to attend the directions hearing by telephone.

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

FAMILY COURT OF AUSTRALIA AT NEWCASTLE

FILE NUMBER: DNC 431 of 2007

MR FARQUAR

Applicant

And

MS FARQUAR

Respondent

EX TEMPORE REASONS

1. This matter was listed before me today to await the outcome of certain criminal proceedings involving the father and the child and the mother for that matter.  The relevant aspect of those proceedings has now been concluded and by that I mean the charges of assault against the father have been withdrawn.  There are some driving offences that the father still faces and they are due to be heard at some stage in the future, but I am not concerned about those matters and nor is anybody else in terms of now getting on and completing the hearing of this case.  We have had the first day of trial, and we had a sort of continuation hearing, but everything was then put on hold to await the outcome of the outcome of the criminal proceedings. 

2. I want to list this as expeditiously as I can, and I propose to list the matter for a conclusion hearing some time in late July or August 2009.  I can not give a precise date at this point, but I understand that the parties and their legal representatives are generally available around that time and once I have looked at my commitments and also thought about the issue of whether the hearing is to be conducted by video or by me actually attending Darwin, then I will fix a date and advise everyone accordingly.

3. I clarified with each of the parties the witnesses that they propose to call and revisited the fact that affidavits have been filed.  I propose to give leave to the mother and to the father to file updated affidavits, but that order is really out of abundant caution.  Also just dwelling on the father’s position for the moment, he is due to have surgery in May or June and he says that if that surgery is not successful there may be some dire consequences which might impact upon this case.  Thus I need to know the detail of that and I am looking for the father to set that out in an affidavit once he is in a position to know what is occurring there. 

4. Importantly, in terms of expert evidence, we have a family assessment report from Mr V.  Everyone agrees that there should be an updated report and that Mr V should do that and I propose to make an order to that effect. The father wants a particular issue addressed and I will mention that in a moment, and Ms Orwin does as well. 

5. I also note that I have invited the parties to confer in whatever format that they deem appropriate, whether it is just between themselves or whether by using a family consultant or some other method.  I encourage the parties to do that.  The father has indicated that he is prepared to talk, so that should be at least a starting point and I would be only too pleased if the parties were able to resolve this matter rather than me having to hear it.

I certify that the preceding 5 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered on 1 April 2009.

Associate