GRAINGER & GRAINGER - [2018] FamCA 75

FAMILY COURT OF AUSTRALIA

GRAINGER & GRAINGER

[2018] FamCA 75

FAMILY LAW – CHILDREN – Parenting Order – Interim – Where the father sought orders for the mother to contribute to the costs of the expert report and orders that he be notified of the child’s medical treatment – Where the mother consented to the order that the father be notified of the child’s medical treatment – Where the issue of costs of the expert report is to be determined at final hearing – Where the father withdrew his application to join the maternal grandmother.

FAMILY LAW – COSTS – Where the mother sought indemnity costs against the father in relation to the interim application – Where the father was unsuccessful – Where this is a complex matter and the father is self-represented – Application for a costs order is dismissed.

Family Law Act 1975 (Cth) s 117(2A)

Grainger & Grainger [2015] FamCA 276
Grainger & Grainger [2017] FamCA 352
Hawkins v Roe (2012) 47 Fam LR 526

APPLICANT:

Mr Grainger

RESPONDENT:

Ms Grainger

INDEPENDENT CHILDREN’S LAWYER:

KD Holmes Solicitors

FILE NUMBER:

SYC

8552

2015

DATE DELIVERED:

20 February 2018

PLACE DELIVERED:

Sydney

PLACE HEARD:

Sydney

JUDGMENT OF:

Rees J

HEARING DATE:

16 February 2018

REPRESENTATION

THE APPLICANT:

In person

SOLICITOR FOR THE RESPONDENT:

Fay Frischer

SOLICITOR FOR THE INDEPENDENT CHILDREN’S LAWYER:

KD Holmes Solicitors

Orders

IT IS ORDERED

That the application of the father filed 21 December 2017 seeking a contribution to the costs of the expert’s report be adjourned to the substantive hearing.

IT IS NOTED

That the application of the father filed 21 December 2017 seeking joinder of the maternal grandmother as a party to the proceedings is withdrawn and dismissed.

BY CONSENT IT IS ORDERED

That the mother shall notify the father of any medical or psychological intervention for the child and authorise any medical practitioner who treats the child to give the father information about the child’s medical treatment.
That the mother and the father attend a family dispute resolution practitioner for shuttle mediation following the release of the report of Dr J.

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 Grainger & Grainger 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 SYDNEY

FILE NUMBER: SYC 8552 of 2015

Mr Grainger

Applicant

And

Ms Grainger

Respondent

REASONS FOR JUDGMENT

Mr Grainger (“the father”) and Ms Grainger (“the mother”) are the parents of L (the child) who was born in 2009.
The parents separated in 2010 and litigation…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: GRAINGER & GRAINGER [2018] FamCA 75
Case: [2018] FamCA 75
Decision Date: 20 February 2018

CaseChat Overview and Summary

In the matter of *Grainger & Grainger*, heard before Rees J, the father sought interim parenting orders requiring the mother to contribute to the costs of an expert report and to be notified of the child's medical treatment. The mother consented to the notification order. The father also sought to join the maternal grandmother to the proceedings, but subsequently withdrew this application.

The primary legal issues before the court were whether the father should be granted an interim order for the mother to contribute to the costs of the expert report, and whether the father should be notified of the child's medical treatment. Additionally, the court was required to consider the mother's application for indemnity costs against the father in relation to the interim application, given the father's lack of success on that aspect.

Rees J determined that the issue of the costs of the expert report should be adjourned to the final hearing, rather than being determined on an interim basis. The court dismissed the mother's application for indemnity costs, noting that the matter was complex and the father was self-represented, which weighed against an order for indemnity costs.

Consequently, the court ordered that the father's application filed on 21 December 2017, seeking a contribution to the costs of the expert's report, be adjourned to the substantive hearing. The application to join the maternal grandmother was withdrawn by the father, and the mother's application for indemnity costs was dismissed.

Orders

Orders of the court

IT IS ORDERED

That the application of the father filed 21 December 2017 seeking a contribution to the costs of the expert’s report be adjourned to the substantive hearing.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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