Franklin and Riley

[2014] FamCA 1211

FAMILY COURT OF AUSTRALIA

FRANKLIN & RILEY [2014] FamCA 1211

FAMILY LAW – CONTRAVENTION – CONTEMPT OF COURT

APPLICANT: Mr Franklin

RESPONDENT: Ms Riley

INDEPENDENT CHILDREN’S LAWYER: Ms Hanson

FILE NUMBER: CAC 676 of 2013

DATE DELIVERED: 11 March 2014

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Faulks DCJ

HEARING DATE: 11 March 2014

REPRESENTATION

SOLICITOR FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Mr Harrison

SOLICITOR FOR THE RESPONDENT: Granleese & Co

Orders

1. The father’s application filed on 7 January 2014 that the mother’s lawyer Rohan Harrison be dealt with for contravention of a court order without reasonable excuse is withdrawn and accordingly dismissed. 

2. The father’s application filed on 7 January 2014 that the Independent Children’s Lawyer, Linda Hansen, be dealt with for contravention of a court order without reasonable excuse is withdrawn and accordingly dismissed. 

3. The father’s application filed on 10 February 2014 that the mother, Ms Riley, be dealt with for contempt of Court is withdrawn and accordingly dismissed.

4. The father’s application filed on 10 February 2014 that the mother’s solicitor, Rohan Harrison, be dealt with for contempt of Court is withdrawn and accordingly dismissed. 

5. The father’s application filed on 3 March 2014 that the Independent Children’s Lawyer, Linda Hansen, be “stood down” or replaced is withdrawn and accordingly dismissed. 

6. The hearing dates set down for the above applications are vacated.

7. The transcript of the hearing of a certain application by the father in the absence of the mother, her lawyer and the Independent Children’s Lawyer is suppressed until 5pm on 25 March 2014.

8. There be liberty to apply for a hearing date for any interim application which any party or the Independent Children’s Lawyer may seek to press (if the parties and the Independent Children’s Lawyer cannot reach agreement).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Franklin & Riley has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 676 of 2013

Mr Franklin

Applicant

And

Ms Riley

Respondent

REASONS FOR JUDGMENT

1. What I am going to do, just to reserve your rights in this, is that I am going to suppress any access to the transcript of this part of these proceedings until we have at least got past next week which means we have got past the issues that were involved today.  However, I do make an order noting that you have withdrawn your applications for contravention and contempt and they are accordingly dismissed. 

2. I also note that you have withdrawn your application that Ms Hanson be replaced as Independent Children’s Lawyer and that application is dismissed.  

I certify that the preceding two (2) paragraphs is a true copy of the reasons for judgment of the Honourable Deputy Chief Justice Faulks delivered on 11 March 2014.

Associate: 

Date:  4 March 2015