Goldberg & Keagle

FEDERAL CIRCUIT COURT OF AUSTRALIA

Goldberg & Keagle [2021] FCCA 1049

File number(s):

ADC 122 of 2017

Judgment of:

JUDGE BROWN

Date of judgment:

3 May 2021

Catchwords:

FAMILY LAW – interim hearing – parenting arrangements for child aged 5 – allegation of sexual abuse – nature of interim hearing – assessment of risk – is risk unacceptable.

Legislation:

Family Law Act 1975 (Cth) Pt VII, ss 4, 60CC & 67Z

Cases cited:

Deiter & Deiter [2011] FamCAFC 82

In the Marriage of N and S (1995) 19 Fam LR 837

M & M (1988) 166 CLR 69

W & W [2005] FamCA 892

Number of paragraphs:

101

Date of hearing:

3 May 2021

Place:

Adelaide

Solicitor for the Applicant:

Ms Tucker, for C M Tucker & Associates

Counsel for the Respondent:

Ms Fuda

Solicitor for the Respondent:

Kensington Legal Service

ORDERS

ADC 122 of 2017

BETWEEN:

MS GOLDBERG

Applicant

AND:

MR KEAGLE

Respondent

ORDER MADE BY:	JUDGE BROWN
DATE OF ORDER:	3 MAY 2021

UPON NOTING THAT:

1.The matter is listed for trial on the 4 and 5 of August 2021.

THE COURT ORDERS THAT:

1.With respect to information received from the Family Law Information Sharing Co-Location Project the instructing solicitors are at liberty to make one copy only for their files AND the parties are at liberty to read the material only and no further hard or electronic copies are to be made or provided to the parties.

2.Leave with respect to the materials referred to above is granted on the condition that all copies are destroyed at the conclusion of the matter.

THE COURT FURTHER ORDERS THAT:

3.The mother’s Application in a Case is dismissed.

4.The order suspending the father’s time with the child, X, is dismissed.

5.The father’s time with the child is to resume this Thursday 6 May 2021.

6.Further consideration of the matter is adjourned to 3 June 2021 at 9:30am before Judge Brown for trial directions NOTING the parties are to dial in on 1800 132 423 followed by 7076931952 #.

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

REASONS FOR JUDGMENT
(Delivered ex tempore)

JUDGE BROWN:

1. These reasons for judgment were delivered orally immediately following the interim hearing concerned.  Due to the controversies raised by the case and the fact that an Independent Children’s Lawyer has been appointed for the child in orders made by this Court dated 22 April 2021, it is appropriate that the reasons be transcribed and released to the parties. 

2. These are the resulting reasons.  The reasons have been corrected and errors of expression and syntax corrected in an attempt to make the orally delivered reasons amenable to being read.

3. This afternoon, I have to deal…