Garrod & Harbig

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Garrod & Harbig [2024] FedCFamC1F 464  

File number(s):	NCC 3839 of 2021
Judgment of:	SMITH J
Date of judgment:	4 July 2024
Catchwords:	FAMILY LAW – PARENTING – Where previous final orders were made in the then Federal Circuit Court of Australia – consideration of section 65DAAA – parties consent to reconsideration of final orders – in circumstances where prior orders were made on an undefended basis – significant change of circumstances – in child’s best interests to reconsider final orders
Legislation:	Family Law Act 1975 (Cth) Pt VII s 65DAAA
Division:	Division 1 First Instance
Number of paragraphs:	19
Date of hearing:	3 July 2024
Place:	Newcastle
Solicitor-Advocate for the Applicant:	Ms Ziayee
Solicitor for the Applicant:	Supreme Justice Lawyers
Solicitor-Advocate for the Respondent:	Ms Woods
Solicitor for the Respondent:	Koulouris & Associates Pty Ltd
Solicitor-Advocate for the Independent Children's Lawyer:	Ms Matheson
Solicitor for the Independent Children's Lawyer:	Legal Aid NSW

ORDERS

NCC 3839 of 2021

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN:

MS GARROD

Applicant

AND:

MS HARBIG

Respondent

INDEPENDENT CHILDREN'S LAWYER

ORDER MADE BY:	SMITH J
DATE OF ORDER:	4 JULY 2024

BY CONSENT, THE COURT DECLARES THAT:

1.Pursuant to section 65DAAA it is in the best interests of X (date of birth 2013) for the final parenting order dated 16 December 2019 to be reconsidered.

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

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Garrod & Harbig has been approved pursuant to subsection 114Q(2) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

SMITH J:

1. These are short oral reasons for decision in relation to the preliminary issue pursuant to s 65DAAA of the Family Law Act1975 (Cth) (“the Act”) where there are current parenting orders, and the applicant has filed a further Application asking the Court to reconsider those final parenting orders.

2. The proceedings concern X (“the child”), born 2013, who is now 10. 

3. The applicant mother, Ms Garrod, was born in 1991. She is the child's biological mother.  She now lives in City F with her new partner, Mr G, and their daughter, H. 

4. The respondent mother, Ms Harbig, born in 1986, is listed on X's birth certificate as his other parent. Ms Harbig lives in Queensland with her new partner, Ms…