Granger and Collett

[2007] FamCA 864

FAMILY COURT OF AUSTRALIA

GRANGER & COLLETT (NO. 2) [2007] FamCA 864

FAMILY LAW – CHILDREN – Application by father seeking orders that his Application for Final Orders be heard undefended as mother has not filed any answering documents – Mother granted leave to file responding documents – Application adjourned

APPLICANT: MR GRANGER

RESPONDENT: MS COLLETT

FILE NUMBER: DNC 175 of 2007

DATE DELIVERED: 16 August 2007

PLACE DELIVERED: Adelaide

JUDGMENT OF: Strickland J

HEARING DATE: 16 August 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Roenvelt

SOLICITOR FOR THE APPLICANT: Withnalls

COUNSEL FOR THE RESPONDENT: In person

ORDERS

1. That further consideration of the Application for Final Orders filed by the father on 22 March 2007 and the Amended Application in a Case filed by the father on 3 August 2007 be adjourned to 9:30am on Wednesday 12 September 2007 before the Honourable Justice Dawe.

2. That the mother file and serve a Response to an Application for Final Orders, a Response to an Application in a Case, and a supporting Affidavit by 4:00pm on Friday 7 September 2007.

3. That the question of the husband’s costs of and incidental to today’s hearing be reserved to the adjourned hearing date.

IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Honourable Justice Strickland delivered this day will for all publication and reporting purposes be referred to as Granger and Collett.

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: DNC 175 of 2007

MR GRANGER

Applicant

And

MS COLLETT

Respondent

EX TEMPORE REASONS

1. This is a matter that is before me today on the father's Amended Application in a Case filed on 3 August 2007.  I last heard this matter on 23 May 2007, and since then there has been a Family Report provided which I have had the opportunity to read.

2. The difficulty in this case is that the mother has failed to file any answering documents whatsoever despite having had ample opportunity to do so.  Indeed there has been an order that she do so, an order which she has not complied with.  On that basis, Ms Roenvelt seeks that this matter proceed undefended.  I was very tempted to do that as I was reading the documents prior to this matter starting.  However, when one reads the Family Report, which of course provides at least some insight as to the mother's position but more importantly, from my point of view, provides some insight as to the thinking of the two children the subject of these proceedings, I want to give the mother one last opportunity to file answering documents, and then the matter can be properly considered with both sets of documents before the court and hopefully a fully informed decision, as much as an interim decision can be described as that, can be made on the next occasion.

3. I propose to adjourn the matter to the last week of the next judicial circuit in Darwin and in the meantime make another order for the mother to file answering documents.  Effectively, she will have three weeks to do that.

4. The documents that the mother needs to file - and she can check with the registry about this but I will just refer to them now - are a Response to the Application for Final Orders, a Response to the Application in a Case, and an affidavit setting out her version of the facts and the facts on which she seeks the orders she does in her applications.

5. I should mention at this stage that this matter has been before Registrar Dore. Registrar Dore referred to me today the question of this matter being listed for the first day of trial pursuant to Division 12A of the Family Law Act.  As I say, and I repeat, I am somewhat bemused about Ms Dore doing that because there is no documentation filed by the mother and thus the matter cannot be set down for trial until that happens or until a stage is reached where it is determined that the matter should proceed undefended.

6. What I am looking to happen is when the matter comes before Dawe J in her circuit in September that her Honour will also deal with the final orders applications made by the parties and her Honour will make directions about that as appropriate.

7. I have made some pointed comments this morning particularly as to the mother's failure to comply but also, as I said, and to repeat, as to what comes out of the Family Report; namely, that both parties should be ashamed as to how they are letting their conflict impact upon their children.  Until and unless the parties realise the effect that that can have and does have on the children, no order of this court is going to resolve the underlying problems.  However, that is a matter for the parties and they will do what they see fit.  Hopefully that will be in the best interests of their children.

8. Ultimately this court might need to make a decision and, if the matter is left to a Judge of this court, there is of course no guarantee, from either party's point of view, as to what the result will be.  That Judge will make an order that that Judge considers is in the best interests of the children, and that may or may not please or disappoint one or both of the parties.  In any event, that is for the future, but I want the parties to start thinking seriously about what they are doing to their children and what outcome they see from these proceedings.

9. I should also stress that I have made it perfectly clear to the mother that orders of this court must be obeyed.  If they are not, there can be serious consequences, which might ultimately impact upon the children, and that is what she should have at the forefront of her mind.  The mother has indicated that she understands what I am saying about that, but again only time will tell as to what happens in the interim between now and the adjourned hearing date.

I certify that the preceding
10 numbered paragraphs are
a true copy of the reasons herein of the
Honourable Justice Strickland.
The 16^th day of August 2007.

……………………………………….
Associate