FEDERAL CIRCUIT COURT OF AUSTRALIA
Hackley & Taggett (No 2) [2021] FCCA 849
File number: MLC 11534 of 2020 Judgment of: JUDGE O'SHANNESSY Date of judgment: 25 March 2021 Catchwords: FAMILY LAW – Interim parenting – schooling – home schooling – competing arguments around child’s schooling – whether child should be home schooled – whether child should repeat year 6 Legislation: Family Law Act 1975 (Cth) Cases cited: Licata & Buxton [2019] FCCA 3181 Number of paragraphs: 41 Date of hearing: 25 March 2021 Place: Melbourne Solicitor for the Applicant: Ms R Oldham of Cathleen Corridon & Associates Counsel for the Respondent: Mr A Chislett Solicitor for the Respondent: No solicitor on the record Solicitor for the Independent Children's Lawyer: Ms B Crocker of Pearsons Lawyers ORDERS
MLC 11534 of 2020 BETWEEN: MS HACKLEY
Applicant
AND: MR TAGGETT
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
25 MARCH 2021
THE COURT ORDERS THAT:
1.The parents do all acts and thing to cause the child, X born in 2009 (the child), to continue with home school while repeating year 6 and getting ready for year 7 at H School.
2.The parents do all acts and things to cause the child to be enrolled in any H School transition programs and events.
3.The parents are directed to bring these Orders (including Notation A as to equal shared parental responsibility) to the attention of all and any therapist of the child and any school the child attends.
4.The Independent Children's Lawyer is requested to confer with the parties as to whether and how family therapy can be commenced for the child's benefit.
5.Pursuant to section 62G(2) of the Family Law Act 1975, the parties and the child, X born in 2009, attend upon a Family Consultant nominated by the Regional Coordinator of Child Dispute Services of the Federal Circuit Court of Australia (Melbourne Registry) for the purposes of the preparation of a Family Report to be given to the Court by 23 November 2021 AND THAT:
(a)The Family Report address the matters relevant to ss.60CC, 61DA and 65DAA of the Family Law Act 1975 and any other matters that the Family Consultant considers important to the welfare or best interests of the child.
(b)The parties comply with all reasonable directions of the Family Consultant.
(c)The Family Consultant have leave to inspect the subpoenaed material produced to the Court.
6.Leave is granted to each of the parties and the Independent Children's Lawyer to provide a copy of the Family Report to a convener of any legal dispute resolution conference.
7.The proceedings be adjourned to 21 February 2022 at 10:00am for Final Hearing (with an estimated hearing time of 3 days) at the Federal Circuit Court of Australia at Melbourne.
8.The matter may be listed for a compliance mention by telephone approximately 2 weeks prior to the final hearing in the event that the compliance email check that the parties will be sent is not completed or if a party requests such compliance…
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- AGLC
- Hackley and Taggett (No 2) [2021] FCCA 849
- Case
- [2021] FCCA 849
- Decision Date
CaseChat Overview and Summary
The court was required to determine the best interests of the child, X, in relation to their schooling and therapeutic needs, and to make orders for the progression of the proceedings towards a final hearing. Key issues included the child's continued schooling arrangements, participation in school transition programs, and the commencement of family therapy. The court also considered the need for a Family Report to address specific matters under the *Family Law Act 1975* and the potential for family violence allegations to impact cross-examination procedures.
O'Shannessy J applied principles relating to equal shared parental responsibility, as previously ordered, and the paramount consideration of the child's welfare and best interests under the *Family Law Act 1975*. The court ordered that the child continue with home schooling while repeating Year 6 and preparing for Year 7 at H School, and to be enrolled in transition programs. Directions were given for the parents to inform therapists and schools of the orders, and for the Independent Children's Lawyer to confer on family therapy. A Family Report was ordered to be prepared by a Family Consultant, addressing relevant sections of the Act.
The court adjourned the proceedings for a final hearing estimated to take three days, scheduled for 21 February 2022. Detailed procedural orders were made regarding the filing and service of affidavits, case outlines, and compliance with fees. The court also noted existing orders for equal shared parental responsibility and provided information regarding the *Family Law Act 1975* provisions concerning family violence and the Commonwealth Family Violence and Cross-Examination of Parties Scheme.
Orders
Orders of the court
MLC 11534 of 2020
BETWEEN:
MS HACKLEY
Applicant
AND:
MR TAGGETT
Respondent
ORDER MADE BY:
JUDGE O'SHANNESSY
DATE OF ORDER:
25 MARCH 2021
THE COURT ORDERS THAT:
1. The parents do all acts and thing to cause the child, X born in 2009 (the child), to continue with home school while repeating year 6 and getting ready for year 7 at H School.
2. The parents do all acts and things to cause the child to be enrolled in any H School transition programs and events.
3. The parents are directed to bring these Orders (including Notation A as to equal shared parental responsibility) to the attention of all and any therapist of the child and any school the child attends.
4. The Independent Children's Lawyer is requested to confer with the parties as to whether and how family therapy can be commenced for the child's benefit.
5. Pursuant to section 62G(2) of the Family Law Act 1975, the parties and the child, X born in 2009, attend upon a Family Consultant nominated by the Regional Coordinator of Child Dispute Services of the Federal Circuit Court of Australia (Melbourne Registry) for the purposes of the preparation of a Family Report to be given to the Court by 23 November 2021 AND THAT:
(a) The Family Report address the matters relevant to ss.60CC, 61DA and 65DAA of the Family Law Act 1975 and any other matters that the Family Consultant considers important to the welfare or best interests of the child.
(b) The parties comply with all reasonable directions of the Family Consultant.
(c) The Family Consultant have leave to inspect the subpoenaed material produced to the Court.
6. Leave is granted to each of the parties and the Independent Children's Lawyer to provide a copy of the Family Report to a convener of any legal dispute resolution conference.
7. The proceedings be adjourned to 21 February 2022 at 10:00am for Final Hearing (with an estimated hearing time of 3 days) at the Federal Circuit Court of Australia at Melbourne.
8. The matter may be listed for a compliance mention by telephone approximately 2 weeks prior to the final hearing in the event that the compliance email check that the parties will be sent is not completed or if a party requests such compliance mention.
9. The party responsible for the payment of any fee including a setting down or hearing fee pay or cause to be paid such of the fees as shall be payable by that party in accordance with, and within the time specified in, the Family Law (Fees) Regulation 2012.
10. The Applicant file and serve any Amended Application and a trial affidavit and, if relevant, an updated Financial Statement, upon which she seeks to rely by no later than 56 days prior to the Final Hearing.
11. The Respondent file and serve any Amended Response and a trial affidavit and, if relevant, an updated Financial Statement, upon which he seeks to rely by no later than 42 days prior to the Final Hearing.
12. The Independent Children's Lawyer file and serve any material on which she seeks to rely by no later than 28 days prior to the Final Hearing.
13. Each of the parties be at liberty to file a short affidavit in reply by no later than 21 days prior to Final Hearing.
14. The parties be at liberty to rely upon any affidavit material previously filed in these proceedings and merely file an updating affidavit, provided that written notice is given to the other party at the same time as required for filing a trial affidavit provided above.
15. For in person final hearings, parties are directed to have multiple copies of the documents they seek to tender and have multiple copies of documents available to witnesses.
16. Each party file and serve a case outline by no later than 7 days prior to trial and provide a copy in Word format to: associate.judgeo'shannessy@federalcircuitcourt.gov.au.
AND THE COURT NOTES THAT:
A. The Family Court of Australia (Justice Cronin) Orders of 16 January 2012 provide that the Father and Mother have equal shared parental responsibility for the child.
B. Pursuant to ss.65DA(2) and 62B of the Family Law Act 1975 the particulars of the obligations these orders create and the particulars of the consequences that may follow if a person contravenes these orders are set out in Annexure A and these particulars are included in these orders.
C. If in any proceedings there are allegations of family violence and the provisions of section 102NA of the Family Law Act 1975 apply (see attached Family Violence Information Sheet), any unrepresented party will not be permitted to personally cross-examine the other party/parties.
D. Affected unrepresented parties may apply to the Commonwealth Family Violence and Cross-Examination of Parties Scheme ("the Scheme") for representation but any such application must be made at least 12 weeks prior to the final hearing.
E. Further information about the legislation and the Scheme can be found at Part 4 of the attached Family Violence Information Sheet.
F. If s102NA applies and a party becomes unrepresented after trial directions have been made, that party is required to promptly advise the Court.
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.
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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