Gadde & Gadde

[2017] FamCA 284

FAMILY COURT OF AUSTRALIA

GADDE & GADDE AND ANOR [2017] FamCA 284

FAMILY LAW – CHILDREN – Permission to conduct a case

Family Law Act 1975 (Cth)

APPLICANT: Ms Gadde

RESPONDENT: Mr Gadde

INTERVENOR: KK Lawyers

FILE NUMBER: SYC 417 of 2015

DATE DELIVERED: 1 May 2017

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 1 May 2017

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Williams

SOLICITOR FOR THE APPLICANT: Barkus Doolan Family Lawyers

FOR THE RESPONDENT: Self-representing

SOLICITOR FOR THE INTERVENOR: No attendance this day

IT IS ORDERED THAT

1. The respondent is permitted to conduct a case in respect of G, born … 2004, albeit restricted to the issue of time that he will spend with G.

Note: The form of the order is subject to the entry of the order in the Court’s records.

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

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: SYC 417 of 2015

Ms Gadde

Applicant

And

Mr Gadde

Respondent

And

KK Lawyers

Intervenor

EX TEMPORE REASONS FOR JUDGMENT

1. The father has made application for orders in relation to G.  G is the daughter of the applicant in these proceedings and Mr LL.  Mr LL has not been a party to the proceedings.  In orders made in December 2016 I provided that the father was to file and serve an application in relation to G or else the orders that he sought in respect of G will be treated as discontinued.  This was on the basis that Mr Gadde was seeking Court orders in relation to G but G’s father had not been joined to the proceedings.  He is a proper party to the proceedings being one of G’s parents. 

2. The orders in relation to filing and serving an application were not strictly complied with in that the Amended Response by Mr Gadde, although executed by him before the expiration of my order, was not filed for some reason until early in January 2017.  Notwithstanding this, on 23 December 2016 Mr Gadde’s Response was forwarded to Mr LL by his then solicitors MM Lawyers who have set out that the scope of the orders that would be sought by Mr Gadde would relate to Mr Gadde spending time with G.  I mark as Exhibit H1 in these proceedings the correspondence sent by MM Lawyers to Mr LL and Mr LL’s e-mail response to Mr Gadde of 27 April 2017 acknowledging his receipt of that material.

3. I am satisfied that Mr LL has been placed upon sufficient notice of the conduct of these proceedings such that he has had an opportunity to participate in the proceedings.  On the proviso that the orders sought in relation to G go no further than being orders in relation to Mr Gadde spending time with G I find that Mr LL has been accorded sufficient procedural fairness to allow him to participate in relation to these issues.

4. G is an essential part of the family life of Mr and Ms Gadde.  She is now almost 13 years old and is the older sister to L, who is the son of the parties in this case.  It is the case that since G was young Mr Gadde has had an important role in her life, although the nature of that role in the last few years since the breakdown of the relationship will be the subject of some dispute in the proceedings.  It is important for the full resolution of the issues between the parties that G’s case be conducted with the case in respect of L and the case in respect of the parties’ property.  Accordingly, I permit the respondent to conduct a case in respect of G albeit restricted to the issue of time that he will spend with G notwithstanding the non-attendance of Mr LL in these proceedings. 

I certify that the preceding 4 (four) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 1 May 2017.

Associate: 

Date:  10 May 2017