Gade and Jabbar (No.14)

[2018] FCCA 2024

FEDERAL CIRCUIT COURT OF AUSTRALIA

GADE & JABBAR (No.14) [2018] FCCA 2024

Catchwords:
FAMILY LAW – Parenting & Property – Interim applications.

Legislation:

Family Law Act 1975

Applicant: MR GADE

Respondent: MS JABBAR

File Number: NCC 2265 of 2015

Judgment of: Judge Terry

Hearing date: 26 April 2018

Date of Last Submission: 26 April 2018

Delivered at: Newcastle

Delivered on: 26 April 2018

REPRESENTATION

Counsel for the Applicant: Mr Bithrey

Solicitors for the Applicant: NLS Law

Appearance for the Respondent: In person

ORDERS

1. The mother’s application in a case filed on 20 April 2018 is dismissed.

2. The father’s application in a case filed on 20 April 2018 is dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Gade & Jabbar (No.14) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA
AT NEWCASTLE

NCC 2265 of 2015

MR GADE

Applicant

And

MS JABBAR

Respondent

REASONS FOR JUDGMENT

1. These reasons for judgment were delivered orally and have been corrected from the transcript. Grammatical errors have been corrected and an attempt has been made to render the orally delivered reasons amenable to being read.

2. I am going to summarily dismiss the mother’s application in a case filed on 20 April 2018. The two orders she seeks are simply not in my power to consider on an interim basis.

3. They are matters I will need to consider as part of my final decision. My final decision I might add I haven’t got done quite as quickly as I had wanted but it is in a very advanced state of preparation. I had to put it on hold last week however because I received an application in a case to reopen from the father’s solicitor which I was obliged to list.

4. I am not satisfied that the mother is suffering any unacceptable personal difficulty as a result of the decision being slightly delayed. The reason she has not been able to get a ‘Working with Children Check’ is because she did not respond to the request by the Department for her to complete a form. That is clear enough on the material. Her application filed on 20 April 2018 is dismissed.

   [The father withdrew his application for the hearing to be reopened but continued to seek some interim property orders.]

5. I am going to dismiss the father’s orally amended application in a case filed on 20 April 2018. I am not satisfied that it is necessary for me to make those orders to preserve property. There is simply not enough evidence to support that and although it could be argued that it would not do any harm if I made some of the orders the fact that it will do no harm to make orders is not a good reason to make them. The court should only make orders if it is necessary to make them.

6. I am not going to give, in this extremely complex matter, although I am very close to having the judgment finalised, a release date for the judgment instantly but it is my strong hope that I will be able to hand down the decision before I go on circuit on 7 May and I am going to do the best I can to hold myself to that.

7. I do not expect sympathy from litigants. The court in Newcastle has been subjected to some really unfortunate decisions about allocation of judicial officers in the last three years which has made the sitting judicial officers’ lives very difficult but I am doing my best because I appreciate that it has also made the lives of litigants very difficult.

I certify that the preceding seven (7) paragraphs are a true copy of the reasons for judgment of Judge Terry

Date:     3 August 2018