Harding & Watson (No 2)

[2021] FCCA 2004

FEDERAL CIRCUIT COURT OF AUSTRALIA

Harding & Watson (No 2) [2021] FCCA 2004

File number:

MLC 12820 of 2007

Judgment of:

JUDGE O'SHANNESSY

Date of judgment:

27 August 2021

Catchwords:

FAMILY LAW – vexatious litigant – advisory or hypothetical opinion – pre judgment – interpretation of orders – for every solution there is a problem – application dismissed

Legislation:

Family Law Act 1975 (Cth), ss 60CC, 64B, 102Q, 102QB, 102QD, 102QE, 102QF, 102QG

Cases cited:

Colburn & Cleese (2020) ¶FLC 93-995

Oberlin & Infield [2021] FamCAFC 66

Rice & Asplund (1979) FLC ¶90-725

SPS & PLS (2008) ¶FLC 93-363

Vissell & Vissell [2021] FamCAFC 76

Number of paragraphs:

150

Date of last submission:

29 June 2021

Date of hearing:

19 November 2020

Place:

Melbourne

Counsel for the Applicant:

Mr D Mort

Solicitor for the Applicant:

St Kilda Legal Service Co-Op

Solicitor for the Respondent:

Robinson Gill

ORDERS

MLC 12820 of 2007

BETWEEN:

MS HARDING

Applicant

AND:

MR WATSON

Respondent

ORDER MADE BY:	JUDGE O'SHANNESSY
DATE OF ORDER:	27 AUGUST 2021

THE COURT ORDERS THAT:

1.All extant applications be dismissed.

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 under the pseudonym Harding & Watson (No 2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

JUDGE O’SHANNESSY

1. The dispute in this matter relates to the operation of orders, including final orders made on 15 August 2016 (the Final Orders) and whether the Applicant, Ms Harding (‘the Mother’) should be permitted to seek relief concerning those orders that specify the spend time arrangements for the child X born in 2007 (‘the child’).  The Respondent Father is Mr Watson (‘the Father’).  The Mother is now 49 years and the Father now 54 years.

2. The child has not spent time with his Mother for many years.  On 21 April 2016 (and confirmed on 15 August 2016) the Mother was declared to be a vexatious litigant.  To make application about the child’s welfare the Mother needs the permission, also called “leave”, of the Court. 

3. The orders of 15 August 2016 include orders for the child to spend supervised time with the Mother for two hours four times a calendar year but that time and the commencement of it is subject to a number of steps.  Upon the appointment of an "independent psychiatrist" and such therapy and treatment of the Mother as may be advised by the independent psychiatrist (but not treatment by the independent psychiatrist) and upon the independent psychiatrist having formed his or her professional opinion that the supervised time should commence and the independent psychiatrist advising the Father of steps taken and meeting the Father and discussing his concerns and if the Mother has taken all necessary therapy/treatment and the independent psychiatrist "is satisfied that the treatment has been effective enough to ensure the…