Gordon and Bright

[2008] FamCA 874

FAMILY COURT OF AUSTRALIA

GORDON & BRIGHT [2008] FamCA 874

FAMILY LAW – PROCEDURAL – Interim application

Family Law Act 1975 (Cth)

APPLICANT: Mr Gordon

RESPONDENT: Ms Bright

INDEPENDENT CHILDREN’S LAWYER: Ashley Kent

FILE NUMBER: ADF 5219 of 1999

DATE DELIVERED: 19 August 2008

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 19 August 2008

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

COUNSEL FOR THE RESPONDENT: Ms A. Du Barry

SOLICITOR FOR THE RESPONDENT: Thomas Playford

INDEPENDENT CHILDREN’S COUNSEL Mrs V West

INDEPENDENT CHILDREN'S SOLICITOR: Legal Services Commission

Orders

1. That leave is granted to the Independent Children’s Lawyer to issue subpoenas to the G and H Children’s Contact Services seeking production of all notes, reports and files in relation to the child … born … July 1998 such subpoenas to be issued within 14 days and be returnable before a Registrar at 9:30am on 22 September 2008.

2. That the Independent Children’s Lawyer obtain reports from Ms S psychologist at CAMHS and Dr T psychiatrist such reports to be filed and served by 4:00pm on 14 November 2008.

3. That the father obtain a report as to his current mental health from Dr W psychiatrist such report to be filed and served by 4:00pm on 14 November 2008.

4. That the father file and serve his affidavit of evidence in chief and the affidavits of evidence in chief of his grandmother, grandfather and his sister by 4:00pm on 8 October 2008.

5. That the mother file and serve her affidavit of evidence in chief and the affidavit of evidence in chief of her mother by 4:00pm on 8 October 2008.

6. That within 14 days of the date hereof the father file and serve an Amended Application for Final Orders.

7. That within 28 days of the date hereof the mother file and serve an Amended Response.

8. That this matter continue part-heard at 9:00am on 20 October 2008 with a time estimate of one hour.

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

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADF 5219 of 1999

MR GORDON

Applicant

And

MS BRIGHT

Respondent

EX TEMPORE REASONS

1. This matter has commenced today before me as a trial. It is not a matter where the parties have consented to Division 12A of the Family Law Act 1975 applying.  I have discussed with the parties and their counsel the issues in this case and clarified the orders that they seek and the witnesses that they each want to call.  A particular issue has been how far back into the history of the matter it is necessary to go, and I am grateful for the approach taken by counsel and the father to that issue. 

2. It seems that not a lot of the history is necessarily relevant or needs to be put before me.  However, there are a number of reports from various health professionals that have been obtained over the life of this file.  All those reports will be made available to the current health professionals from whom reports will be obtained, but there is no requirement for the authors of those various reports being called to give evidence and made available for cross-examination.  That includes Dr M, who has provided the second most recent report in this case.  There is a distinction between Dr M and the earlier health professionals, in that Dr M’s reports will be formally tendered to me, but he is still not required for the purposes of cross-examination.

3. There is a need to obtain a report as to the current mental health of the father.  There is a need to obtain reports from the psychiatrist and the psychologist that the child currently sees.  There is a need to subpoena the notes of the Children's Contact Service, where time has been spent between father and child.  Mrs West, counsel for the Independent Children's Lawyer, or, rather, Mrs West's instructor will be chasing up the authors of those reports with a view to them giving evidence.

4. In terms of subpoenas, there is only one subpoena that I need to make an order about.  In terms of the time frame for this trial, unfortunately we need to allow a significant period of time to obtain the reports from the psychiatrist and the psychologist, namely up to three months.  However, I do not propose to leave the continuation hearing until after that time, I want to have that towards the end of October.  In the meantime, I will make orders about the parties filing and serving their affidavits of evidence-in-chief.  I have pencilled in this matter for a five-day hearing commencing on Monday 8 December 2008.  Obviously I will address whether that date remains as the date for the final hearing.  I will address that on the continuation hearing in late October.  I also want to have a progress report at that time as to the reports that are being sought from the various experts that have been identified.

I certify that the preceding 4 paragraphs are a true copy of the reasons for judgment of the Honourable Justice Strickland delivered 19 August 2008.

Associate