Groves & Groves (No 3)

[2022] FedCFamC1F 44

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 1)

Groves & Groves (No 3) [2022] FedCFamC1F 44

File number(s):	SYC 8296 of 2016
Judgment of:	HARPER J
Date of judgment:	7 February 2022
Catchwords:	FAMILY LAW – PRACTICE AND PROCEDURE – Application by wife to vacate final hearing dates – Where final hearing dates had been allocated in October 2021 – Where the wife seeks new hearing dates in order to obtain senior counsel of choice – Wife has an uneven history of representation – Application to vacate final hearing dates refused.
Division:	Division 1 First Instance
Number of paragraphs:	5
Date of hearing:	7 February 2022
Counsel for the Applicant:	Mr Kearney SC
Solicitor for the Applicant:	Barkus Doolan
Counsel for the Respondent:	Ms Lawson
Solicitor for the Respondent:	Lander & Rogers

ORDERS

SYC 8296 of 2016
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:	MR GROVES Applicant
AND:	MR GROVES Respondent

ORDER MADE BY:	HARPER J
DATE OF ORDER:	7 FEBRUARY 2022

THE COURT NOTES THAT:

A.Orders were made by the Honourable Chief Justice Alstergren on 17 November 2020 which dealt comprehensively with the question of adversarial experts.

THE COURT ORDERS THAT:

1.Order 4.3 made on 21 October 2021 be altered such that it reads:

any third party witness affidavits that they intend to rely upon (such Affidavits to not include, save as otherwise with leave of this Court, the Affidavit of any expert witness not jointly appointed in these proceedings);

THE COURT FURTHER NOTES THAT:

B.The matter remains listed for final hearing commencing 26 September 2022 with an estimate of nine days.

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).

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 by this Court under the pseudonym Groves & Groves is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

EX TEMPORE REASONS FOR JUDGMENT

HARPER J:

1. This matter has a long and tortured history. I have delivered several judgements in relation to interim applications already. The matter is listed for final hearing on 26 September 2022 with an estimate of nine days. The matter was listed before me on 7 February 2022 for a Case Management Hearing.

2. Application was made by the Respondent Wife (“the wife”) for different hearing dates to be allocated in order for her senior counsel of choice to be available to represent her at the hearing.

3. After hearing submissions, I am not persuaded that sufficient reason has been advanced to alter the existing hearing dates, taking account of the position of the Applicant Husband (“the husband”) and the many other cases which are currently in the court, and which claim judicial hearing time.

4. Taking account of the current estimates of hearing time which are somewhere between five and nine days, and taking account of the very uneven history of representation already demonstrated by the wife, I decline to alter the final hearing dates.

5. Accordingly, the wife’s application to vacate the final hearing dates in order for further hearing dates to be allocated which would meet the availability of her senior counsel of choice, is refused.

I certify that the preceding five (5) numbered paragraphs are a true copy of the ex tempore Reasons for Judgment of the Honourable Justice Harper delivered on 7 February 2022.

Associate:

Dated:       7 February 2022